National Grid Company Plc v M25 Group Ltd, Court of Appeal - Civil Division, December 21, 1998, [1999] 1 EGLR 65,[1998] EWCA Civ 1968

Reporting Judge: [1999] 1 EGLR 65,[1998] EWCA Civ 1968

President: National Grid Company Plc v M25 Group Ltd

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Extract

National Grid Company Plc v M25 Group Ltd, Court of Appeal - Civil Division, December 21, 1998, [1999] 1 EGLR 65,[1998] EWCA Civ 1968

Case No: CHANI 98/0414/3

IN THE SUPREME COURT OF JUDICATURE

COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM MR JUSTICE PUMFREY

CHANCERY DIVISION

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 21 December 1998

B e f o r e :

LORD JUSTICE STUART-SMITH

LORD JUSTICE THORPE

and

LORD JUSTICE MUMMERY

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(Handed down transcript of

Smith Bernal Reporting Limited

180 Fleet Street, London EC4A 2HD

Tel: 0171 421 4040 Fax: 404 1424

Official Shorthand Writers to the Court)

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Mr J Brock QC, Mr A Hill-Smith (instructed by Brock Street Desroches for the Appellant)

Mr G Fetherstonhaugh (instructed by Wallace and Partners for the Respondent)

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J U D G M E N T

(As approved by the court)

LORD JUSTICE MUMMERY:

INTRODUCTION

This is an appeal against the order made on 19 March 1998 by Pumfrey J striking out an Originating Summons dated 30 March 1997 by which the appellant National Grid Company PLC (National Grid) sought a series of declarations on the construction of a lease of 8 July 1968. The declarations related to the conduct of a rent review by a valuer appointed under the terms of the lease.

Pumfrey J granted leave to appeal. On 28 August 1998 the Court of Appeal (S...

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