Hawkesbrook Leisure v The Reece-Jones Partnership [2003] EWHC 3333 (Ch) (18 November 2003)

Hawkesbrook Leisure v The Reece-Jones Partnership [2003] EWHC 3333 (Ch) (18 November 2003)

A non-profit company operating sports and leisure facilities commercially, with the aim of generating a surplus (even if not distributable to members), is carrying on a business for the purposes of s.23 of the Landlord and Tenant Act 1954 and is entitled to the protection afforded to business tenants by that part of...

Source-derived case information.

Citation
[2003] EWHC 3333 (Ch)
Parties
Claimant: Hawkesbrook Leisure Limited; Defendant: The Reece-Jones Partnership
Jurisdiction
England and Wales
Judgment Date
18 November 2003
Procedural Posture
Preliminary Issue in Negligence Claim / Judgment on Preliminary Issue
Outcome
Preliminary issue answered in the affirmative; claimant occupied the premises for the purposes of a business within the meaning of the Act.
Legal Topics
Business Tenancy Protection, Definition of Business Under Landlord and Tenant Act 1954, Solicitor Negligence, Non Profit Organisations and Business Tenancies
Landlord and Tenant Commercial Law Professional Negligence Business Tenancy Protection Definition of Business Under Landlord and Tenant Act 1954 Solicitor Negligence Non Profit Organisations and Business Tenancies

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Hawkesbrook Leisure Limited

Claimant

The Reece-Jones Partnership

Defendant

Procedural Posture

Preliminary Issue in Negligence Claim / Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether the claimant occupied the premises for the purposes of a business within the meaning of Part II of the Landlord and Tenant Act 1954

Ratio Decidendi

A non-profit company operating sports and leisure facilities commercially, with the aim of generating a surplus (even if not distributable to members), is carrying on a business for the purposes of s.23 of the Landlord and Tenant Act 1954 and is entitled to the protection afforded to business tenants by that part of the Act.

Court Disposition

Preliminary issue answered in the affirmative; claimant occupied the premises for the purposes of a business within the meaning of the Act.