Dean and Chapter of the Cathedral and Metropolitan Church of Christ Canterbury v Whitbread Plc

JurisdictionEngland & Wales
Judgment Date30 January 1995
Date30 January 1995
CourtChancery Division

Chancery Division

Before Judge Roger Cooke

Dean and Chapter of the Cathedral and Metropolitan Church of Christ Canterbury
and
Whitbread plc

Lease - market determines hold-over rent

Market determines hold-over rent

Where a lessee held over under a lease with the consent of the lessor but there was evidence that the parties were in disagreement as to the rent to be paid, there was no presumption that the rent continued to be the rent under the lease. The appropriate rent was the market rent.

Judge Cooke so held in a reserved judgment sitting as a judge in the Chancery Division on an action by the Dean and Chapter of the Cathedral and Metropolitan Church of Christ Canterbury, the lessor of a public...

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2 cases
  • Frascati Hotel Company Ltd and Cambridge Beaches Ltd v Roberta Trott
    • Bermuda
    • Supreme Court (Bermuda)
    • 6 October 2003
    ...J., which may be found in his judgment in Dean and Chapter of the Cathedral and Metropolitan Church of Christ Canterbury v Whitbread plc[1995] 1 EGLR 82 at 86: ‘I get this much help from the authorities, that it is legitimate to look at the parties in their actual situation … Through many o......
  • Edward Lee & Company [1974] Ltd v N1 Property Developments Ltd
    • Ireland
    • High Court
    • 12 March 2013
    ...v Elgin Contractors Ltd [1973] IR 169 and Dean and Chapter of the Cathedral and Metropolitan Church of Christ Canterbury v Whitbread plc [1995] 1 EGLR 82 followed - Decree in favour of defendant (2011/11692P - Charleton J - 12/3/2013) [2013] IEHC 162 Edward Lee and Co v NI Property Developm......
2 books & journal articles
  • Getting out of this mess: steps toward addressing and avoiding inordinate delay in capital cases.
    • United States
    • Journal of Criminal Law and Criminology Vol. 89 No. 1, September 1998
    • 22 September 1998
    ...prosecutor's office to make charging decisions in potential capital cases); Robert Morganthau, What Prosecutors Won't Tell You, N.Y. TIMES, Feb. 7, 1995, at All (noting the impracticality of death penalty (273) See Richard H. Burr, Representing the Client on Death Row: The Politics of Advoc......
  • THE USER PRINCIPLE
    • Singapore
    • Singapore Academy of Law Journal No. 2016, December 2016
    • 1 December 2016
    ...at 542. 11Swordheath Properties Ltd v Tabet[1979] 1 WLR 285 at 288; Dean and Chapter of the Cathedral of Christ Cantebury v Whitbread plc[1995] 1 EGLR 82 at 85. 12[1952] 2 QB 246. 13Strand Electric and Engineering Co Ltd v Brisford Entertainments Ltd[1952] 2 QB 246 at 254. 14Strand Electric......

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