Brown v Gloucester City Council
| Jurisdiction | England & Wales |
| Judgment Date | 20 December 1997 |
| Date | 20 December 1997 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Landlord and tenant - construing term of lease
Although the term of a lease, meaning its duration, was not usually regarded as one of the terms and conditions on which a lease was granted, it was not a word of art and should therefore be construed to give effect to what the parties had intended.
The Court of Appeal (Sir Stephen Brown, President, Lord Justice Millett and Sir Christopher Slade) so held on November 3, allowing an appeal by the City of Gloucester Council against Judge Rich sitting as a deputy High Court judge on May 13, 1996 who declared that on a true construction of the lease dated March 13, 1989 the length of term of the hypothetical leases for rent review purposes should be the 120-year residue of the term granted by the original lease.
LORD JUSTICE MILLETT said that while the term of a lease was not usually regarded as one of the terms and conditions on which a lease was granted it was not a word of art so that its meaning would readily yield to context.
The purpose of a rent review clause was to keep the rent in line with current property values; neither party could have intended to provide the other...
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The unfinished "criminal procedure revolution" of post-democratization South Korea.
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