Cowley Property Investment Ltd v Oxford Karting Ltd

Lease – Appeal. The claimant company succeeded in its appeal against the dismissal of its claim for a declaration concerning the basis and terms of the defendant company's occupation and use of premises in Oxford. The Chancery Division held that the claimant's case, as set out in its further information, had been that the defendant occupied the premises on the terms of a lease granted to the previous lessee in 2007 (the 2007 lease), and that, on the facts, and given certain admissions and matters of common ground between the parties, the claimant had been able to discharge the burden on it of proving that case, without any witness evidence. However, the court held that the defendant had failed, without witness evidence, to discharge the burden on it of proving that the terms of the 2007 lease had been varied, as asserted in its further information.

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