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Barclays Bank PLC v Prudential Assurance Co Ltd (1997)

Summary

There were 3 issues in the case:

(1) If a lease is disclaimed prior to forfeiture, can the court grant relief from forfeiture pursuant to its inherent jurisdiction at the request of a sub-tenant (no);

(2) In such a case, can the court make a vesting order pursuant to s.146(4) of the Law of Property Act 1925 (yes), and

(3) If the landlord has forfeited 2 closely connected leases, should the court make a vesting order in respect of one of them which is conditional upon the payment of sums due under the other (yes).

Facts

Held

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Judgment
09 Oct 1997

Chancery Division
Judge H Williamson QC

References
[1998] BCC 928 : [1998] BPIR 427 : [1998] 1 EGLR 44 : [1998] 10 EG 159 : [1997] EG 131 (CS)

Members
Timothy Dutton QC

Practice areas
Real Estate