Philip Russell Ltd v Galgorm Developments Ltd
| Jurisdiction | Northern Ireland |
| Judge | Mr Spence |
| Judgment Date | 14 September 2021 |
| Neutral Citation | BT/14/2021 |
| Court | Lands Tribunal (Northern Ireland) |
| Date | 14 September 2021 |
LANDS TRIBUNAL FOR NORTHERN IRELAND
LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964
LANDS TRIBUNAL RULES (NORTHERN IRELAND) 1976
BUSINESS TENANCIES (NORTHERN IRELAND) ORDER 1996
IN THE MATTER OF AN APPLICATION
BT/14/2021
BETWEEN
PHILIP RUSSELL LIMITED – APPLICANT
AND
GALGORM DEVELOPMENTS LIMITED – RESPONDENT
Re: Unit 8 Galgorm Court, 10/12 Fenaghy Road, Galgorm, Ballymena
Lands Tribunal – Henry Spence MRICS Dip Rating IRRV (Hons)
Background
1. Philip Russell Limited (“the applicant”) is the tenant and occupier of premises known as Unit 8
Galgorm Court, Galgorm (“the reference property”).
2. The applicant occupied the reference property by way of a lease which commenced on 12th
March 2001 for a term of 20 years. The lease has now expired and the applicant has lodged a
tenancy application with the Lands Tribunal seeking a new tenancy and in compliance with
Article 7 of the Business Tenancies (Northern Ireland) Order 1976 (“the Order”).
3. Galgorm Developments Limited (“the respondent”) has not objected to a new lease being
granted but to date the parties have been unable to agree terms.
4. During the negotiations the applicant has lodged a discovery application with the Tribunal
seeking additional comparative information . The additional information, if any, to be
provided by the respondent is the preliminary issue to be decided by the Tribunal.
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