Court of Appeal decision on diminution in value of reversion
In Van Dal Footwear v Ryman Ltd (3rd December 2009) the Court of Appeal allowed an appeal from the TCC in a terminal dilapidations case, where the trial Judge had taken into account, when determining the diminution in the value of the reversion, the effect of a hypothetical offer from the tenant who had vacated the premises to a hypothetical purchaser. The Court of Appeal applied the well-known line of authority from Hanson v Newman [1934] Ch 298 through Smiley v Townshend [1950] 2 KB 311 to Jaquin v Holland [1960] 1 WLR 258. Jonathan Gaunt QC appeared for the Appellant.
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