Wembley National Stadium Ltd v Wembley (London) Ltd& Ors [2007] EWHC 756 (Ch) (04 April 2007)

Wembley National Stadium Ltd v Wembley (London) Ltd& Ors [2007] EWHC 756 (Ch) (04 April 2007)

WLL, as absolute beneficial owner and original contracting party, remains bound by Lessor's covenants and entitled to benefit of Lessee's covenants under the Lease; management and overhead costs are recoverable as Expenditure if properly incurred; Advance Payments are due regardless of demand or account; estoppel by...

Source-derived case information.

Citation
[2007] EWHC 756 (Ch)
Parties
Claimant: Wembley National Stadium Limited; Defendant: Wembley (London) Limited; Defendant: Gideon 1 Limited; Defendant: Gideon 2 Limited; Defendant: Gideon 3 Limited; Defendant: Gideon 4 Limited
Jurisdiction
England and Wales
Judgment Date
04 April 2007
Procedural Posture
Chancery Division Commercial Lease Dispute / Judgment After Trial
Outcome
Judgment for Wembley (London) Limited
Legal Topics
Service Charge Recovery, Lease Interpretation, Estoppel by Convention, Assignment of Reversion, Advance Payments, Declaratory Relief
Property Law Landlord and Tenant Contract Law Service Charge Recovery Lease Interpretation Estoppel by Convention Assignment of Reversion Advance Payments +1 more

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Parties

Wembley National Stadium Limited

Claimant

Wembley (London) Limited

Defendant

Gideon 1 Limited

Defendant

Gideon 2 Limited

Defendant

Gideon 3 Limited

Defendant

Gideon 4 Limited

Defendant

Procedural Posture

Chancery Division Commercial Lease Dispute / Judgment After Trial

Legal Issues

  1. 1 Who is the Lessor for purposes of the Lease after assignment of reversion?
  2. 2 What heads of expenditure are recoverable as Service Charge under the Lease?
  3. 3 Is the claimant liable for £120,000 in Advance Payments under the Lease?

Ratio Decidendi

WLL, as absolute beneficial owner and original contracting party, remains bound by Lessor's covenants and entitled to benefit of Lessee's covenants under the Lease; management and overhead costs are recoverable as Expenditure if properly incurred; Advance Payments are due regardless of demand or account; estoppel by convention applies if necessary; declarations granted to clarify recoverable heads of expenditure and Advance Payment liability.

Court Disposition

Judgment for Wembley (London) Limited

Orders

  • Declaration that WLL is the Lessor for all purposes under the Lease
  • Declaration that management and overhead costs are recoverable as Expenditure if properly incurred