Mesne Assignment

Mesne Assignment-57
SHB and GB felt that refusing relief would grant the landlord a material windfall with the leasehold valued in the region of £65 million, whilst GB would, as the lender, suffer a major loss.In weighing up the parties’ respective interests, on the one hand the Court sympathised with the landlord’s view that there was no market for the lease anyway and so there would be little if anything lost by SHB or GB if relief was refused.The relationship between the parties is shown below: Head landlord Subtenant This ladder of letting does not have to be restricted to three parties; there can be any number of subtenancies of a dwelling.

The court may order the return of an original exhibit provided an appropriate copy or a duplicate is substituted therefor.(g) Withdrawal of Papers.

Papers on file in the office of the clerk shall not be taken from the office by any person except a judge of the court, or upon a judge's written authorization, which shall specify the papers to be taken, the person who may take them, and shall be filed by the clerk in the appropriate place in the clerk's records.(1) The certified transcript of testimony of any proceeding shall be furnished by the authorized transcriber formatted for 81/2 by 11 inch paper having 25 lines per page with total combined margins of text not to exceed 2 and 1/8 inches.(i) Review of Probate Proceedings.

Every matter submitted for determination to a judge of the superior court for decision shall be determined and a ruling made not later than sixty days from submission thereof, in accordance with Section 21. Each superior court clerk shall report to the Administrative Director of the Courts, in writing, on the last day of March, June, September and December, in each year, all matters in that court submitted for decision sixty days or more prior to the date of such report and remaining undecided on the date of the report.

The report shall contain the title of each action or proceeding, the matter submitted, the judge to whom submitted, and the date of submission.(f) Record in Superior Court.

In this section, the terms 'head landlord', 'mesne tenant' and 'subtenant' will be used to identify the different parties.

A subtenancy arises when a tenant creates a tenancy out of her/his interest, but remains in the position of tenant against a higher landlord.

At a time when the retail industry is seeing a number of high profile closures, this case will be of interest to both landlords and tenants as well as insolvency practitioners.

In 1998, British Home Stores (BHS) took a lease of shop premises at a shopping mall in Bristol for a term of 125 years at a premium of £7 million and at a peppercorn rent.

All other acts or proceedings may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials and at any place either within or without the county.

No hearing, other than one (e) Determination of Matters Within Sixty Days; Report.


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