Boots UK Ltd v Trafford Centre Ltd

The disputed items (entertainments, Christmas decorations, Santa's Grotto, Sky Wall) are facilities, amenities, or attractions of the Centre, not forms of promotion as defined in the lease; thus, their costs are not subject to paragraph 10's sharing and cap provisions, except for costs relating to advertising or promotion of the Centre on the Sky Wall, which do fall within 'Promotion'.

Parties: Claimant: Boots UK Limited; Defendant: Trafford Centre Limited
Jurisdiction: England and Wales
Judgment Date: 08 December 2008
Procedural Posture: Civil / Trial of Preliminary Issue
Outcome: Preliminary issue determined in favour of the defendant, except for costs relating to advertising or promotion of the Centre on the Sky Wall.
Legal Topics: Lease Interpretation, Service Charge Provisions, Promotion Costs

Landlord and Tenant Commercial Property Lease Interpretation Service Charge Provisions Promotion Costs

Case Brief

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Parties

Boots UK Limited

Claimant

Trafford Centre Limited

Defendant

Procedural Posture

Civil / Trial of Preliminary Issue

Legal Issues

1 Whether the provision of Christmas decorations, entertainments, Santa's Grotto, and Sky Wall constitute 'Promotion' under the lease for purposes of service charge sharing and capping

Ratio Decidendi

Court Disposition

Preliminary issue determined in favour of the defendant, except for costs relating to advertising or promotion of the Centre on the Sky Wall.

Orders

Costs of entertainments, Christmas decorations, and Santa's Grotto are not 'Promotion' under paragraph 10 of Schedule 4.
Costs relating to advertising or promotion of the Centre on the Sky Wall are 'Promotion' and subject to paragraph 10.