08 Abr

Appealing A Party Wall Agreement

Each year, in England and Wales, thousands of awards are awarded under the Party Wall etc Act of 1996; a few hundred of these distinctions are challenged in accordance with Section 10 (17) of the Act, and perhaps 100 of them will reach a final hearing. Very few decisions in these cases are made public or even reduced to the letter, and these decisions are certainly not binding on judges in future cases. So how can you decide whether, as a member of the public or even as a surveyor, you will find a good idea to challenge a certain distinction that has just been awarded to you? On the other hand, if mediation or any other form of ADR is attempted, the court would almost certainly accept a stay of proceedings to allow this and, again, an agreement can be reached with the opponent`s lawyers (if any) and, if necessary, an application can be made for the directions to be amended by consent. Commercial Landlord – Tenant: Less Technicality, More Commerciality The case of London Trocadero Ltd/Family Leisure Holdings Ltd [2012] EWCA Civ 1037 The Facts On September 30, 2002, a lease was awarded to West End Amusement Parks Ltd (hereafter the tenant) for part of the Trocadero building. The Trocadero Building is located in the heart of London and covers more than 600,000 square metres. The building has many tenants and licensees who operate different types of businesses and has an estimated “foot drop” of more than 9 million per year. The tenant`s lease granted the tenant rights to the building, but also included detailed provisions on deliveries and relocations to ensure good estate management and avoid unreasonable disruption to other building businesses. The lease was as follows: Section 2 3.2 The rights and facilities contained in Schedule 1 are granted. Calendar 1 1 …, a priority right …

for the tenant and all the others who have been allowed by the tenant to walk on and along the common areas to the premises and from the premises… 2…, what it takes… for loading and unloading vehicles in the loading area … Section 52 of the lease stipulated that a person who was not a party to the lease was not entitled to enforce his conditions, but that the prohibition did not infringe that person`s rights outside the terms of the lease. The Tenant has authorized its subsidiary, West End Amusements Ltd (`WEA`), to act from the premises. On January 14, 2003, WEA entered into a contract with the tenant`s parent company, Family Leisure Holdings Ltd (hereafter the applicant) to lease gaming and entertainment machines. It was a clause in the lease agreement that a) the ownership of the machines remained available to the applicant (b) the contract would expire if WEA became insolvent and c) at the end of the contract, the applicant could enter the WEA premises and take the machines.