Creska Ltd v London Borough Of Hammersmith & Fulham, Court of Appeal - Civil Division, June 12, 1998, [1998] EWCA Civ 983

Extract

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Creska Ltd v London Borough Of Hammersmith & Fulham, Court of Appeal - Civil Division, June 12, 1998, [1998] EWCA Civ 983

IN THE SUPREME COURT OF JUDICATURE CCRTF 97/ll22/2

IN THE COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM CENTRAL LONDON COUNTY COURT

(MR RECORDER PROFESSOR HAYTON)

Royal Courts of Justice

Strand

London W2A 2LL

Friday l2th June l998

B e f o r e

LORD JUSTICE EVANS

MRS JUSTICE HALE

CRESKA LIMITED Appellant

v.

LONDON BOROUGH OF HAMMERSMITH

AND FULHAM Respondent

(Handed down transcript of

Smith Bernal Reporting Limited, l80 Fleet Street

London EC4A 2HD Tel: 0l7l 42l 4040

Official Shorthand Writers to the Court)

MR JOHN CHERRYMAN QC and MR JOHN DAVIES (instructed by Messrs Wiggin & Co, Cheltenham, Gloucestershire) appeared on behalf of the Appellant (Plaintiff).

MR KIM LEWISON QC (instructed by Messrs Legal Services of London Borough of Hammersmith and Fulham) appeared on behalf of the Respondent (Defendant).

J U D G M E N T

(As approved by the court)

©Crown Copyright

LORD JUSTICE EVANS: This is the judgment of the Court.

l This appeal raises a single issue. It is the scope of a tenant's undertaking to repair and maintain the electrical heating installation in office premises which it occu...

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