The claimant sought to renew its leases of docking facilities from the landlord defendant. The defendant resisted saying it intended to operate its own business, and the claimant now alleged that the defendant was abusing its dominant position to demand excessive rents. The defendant sought to strike out that part of the claim.
Held: The allegation of abuse of dominant position failed. It was not the case that a proposal, made in the course of negotiations, of a rent or price which is excessive can without more constitute the imposition of an unfair rent or price for the purposes of section 18 and Article 102. Furthermore the claimant had failed to particularise the allegation. The related parts of the claim were struck out.
Sir Andrew Morritt
[2011] EWHC 352 (Ch)
Bailii
Landlord and Tenant Act 1954 30(1)(g), Competition Act 1998 18
England and Wales
Citing:
Cited – Cunliffe v Goodman CA 1950
The court looked at the intention required of a landlord to show an intended purpose to oppose renewal of a lease. Asquith LJ said: ‘An ‘intention’ to my mind connotes a state of affairs which the party ‘intending’ – I will call him X – does more . .
Mentioned – Chez Gerard Ltd v Greene CA 1983
. .
Cited – BHB Enterprises Plc v Victor Chandler (International) Ltd ChD 27-May-2005
The claimant created a very substantial computerised database about horses and the racing industry. It licensed the database to users, including some who were able to grant sub-licenses. It sought to rely on the Database Directive to support its . .
Cited – Sel-Imperial Ltd v The British Standards Institution ChD 23-Apr-2010
The defendant had developed a draft standard for automotive body repairs. It included a requirement that any replacement parts must be either the manufacturer’s own or certified under a recognised conformity certification scheme. The claimant . .
Cited – Nigeria v Santolina Investment Corp and others ChD 7-Mar-2007
The federal government sought to recover properties from the defendants which it said were the proceeds of corrupt behaviour by the principal defendant who had been State Governor of a province. The claimant sought summary judgment.
Held: . .
Cited – Northern Electric Plc v Addison CA 12-Jun-1997
The appellant challenged the terms of an order granting it a new lease under the Act. The landlord sought to have included an upwards only rent review. There was a ransom element since the plot was used as a base for an electricity sub-station which . .
Cited – Attheraces Ltd and Another v The British Horseracing Board Ltd and Another CA 2-Feb-2007
The defendant appealed a finding that it had abused its dominant market position in refusing to supply to the claimant a copyright licence for its information on horse racing at a proper or acceptable price. The defendant was said to have a monopoly . .
Cited – Merci Convenzionali Porto di Genova v Siderurgica Gabrielli (Judgment) ECJ 10-Dec-1991
ECJ 1. The concept of worker within the meaning of Article 48 of the Treaty pre-supposes that for a certain period of time a person performs services for and under the direction of another person in return for . .
Cited by:
See Also – Humber Oil Terminals Trustee Ltd v Associated British Ports ChD 11-May-2011
. .
See Also – Humber Oil Terminals Trustee Ltd v Associated British Ports ChD 27-Jun-2011
Pre-trial review of pending trial. The court ordered the hearing of a preliminary issue being: ‘the issue of whether the Defendant intends to occupy the holdings for the purposes, or partly for the purposes, of a business to be carried on by it . .
See Also – Humber Oil Terminals Trustee Ltd v Associated British Ports ChD 29-Jul-2011
. .
See Also – Humber Oil Terminals Trustee Ltd v Associated British Ports CA 27-Jan-2012
. .
See Also – Humber Oil Terminals Trustee Ltd v Associated British Ports CA 10-May-2012
The tenant appealed against a finding that the landlord was entitled to resist renewal of its lease under the 1954 Act challenging the stated intention of the landlord to occupy the premises for its own business purposes. It said that the proposed . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Commercial
Updated: 01 November 2021; Ref: scu.430245