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CT+G Partner Charles Tapson has recently acted as Expert Witness appointed by the successful claimant in the lease renewal case - Horserace Betting Levy Board v Grosvenor West End Properties.
Landlord
- Grosvenor West End Properties
Summary - the Levy Board required a new lease to a particular date for operational reasons; Grosvenor had plans for redevelopment and wanted to terminate the new lease a year earlier. Expert Witnesses were appointed to advise on the likelihood of the Levy Board finding suitable alternative premises for the extra year at the termination date proposed by the Defendant. A thorough examination of the local (London Victoria) office market was undertaken and the Judge accepted that this analysis "does not indicate a reliable degree of availability" and that "one could not rely on many or possibly any such [suitable] properties being available when the vital moment came".
Grosvenor argued that the grant of an extra year's term to the Claimant would fatally jeopardise the redevelopment of the building.
With no clear cut answer, the His Honour Judge Roger Cooke had to undertake a "balancing exercise" finding that "although the Landlords are likely to suffer some degree of loss on any delay much beyond September 2001, that loss will not be very large". This needed to be weighed against the potential hardship to the Levy Board. Having carried out this exercise, Judgment was given for the Levy Board.
For
the full text of the case click here
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Find out more about appointing an Expert Witness here
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