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Arnold v. Britton: a ratio and two sets of obiter dicta

Roberts, N. (2016) Arnold v. Britton: a ratio and two sets of obiter dicta. Conveyancer and Property Lawyer, 2016 (1). pp. 70-78. ISSN 0010-8200

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Arnold v Britton marks the final stage of the longstanding dispute as to the correct interpretation of a number of 99-year leases of chalets on a leisure park at Oxwich, in the Gower peninsula, near Swansea. The aspect of the case which has attracted most discussion has, understandably, been its main ratio: the proper way to construe a provision of a lease which arguably has an absurd result. This will be considered in this case-note. The judgment of the Supreme Court – particularly the judgment of Lord Neuberger PSC – does, however contain some observations on the possible reform of the law on service charges which are of interest to those engaged in this field. It also contains some obiter comments on ‘letting schemes’ which are – in the view of the present author – highly unorthodox. These three rather disparate issues which are raised by this case will be considered in turn. As they have little in common with each other, they will be considered as separate sections.

Item Type:Article
Divisions:Arts, Humanities and Social Science > School of Law
ID Code:58444
Publisher:Sweet and Maxwell

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