On Tower UK Limited v JH & FW Green Limited
The Court of Appeal have today delivered judgment in On Tower UK Limited v JH & FW Green Limited, an appeal against the decision of the Upper Tribunal (Lands Chamber) of Judge Cooke and Mrs Martin MRICS FAAV. In essence, it was decided that:
Paragraph 17 of the Code is a floor, and not a ceiling, for sharing and upgrading rights. What is needed in a particular case turns on the facts of that case.
The guidance provided in O’May v City of London Real Property Co Ltd [1983] 2 A.C. 726 for 1954 Act cases as to the weight to be attached to the terms of the existing agreement should not be treated as directly applicable to Code renewals. The terms of the original agreement may be relevant in some cases, but not in others (for instance where the original agreement is an “old code” agreement).
Wayne Clark appeared for the Appellant, and Oliver Radley-Gardner QC appeared for the Respondent.
Judgment can be viewed here.
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