31 FRIARGATE, DN31 1QQ
Shop and premises Decided 30 May 2025 CHG101047297 GL Hearn Limited
Figures are as stated in the decision; a dash means the document does not state that figure.
What was argued and what the tribunal found
The appellant, a shoe shop operator, claimed a material change of circumstances following the closure of House of Fraser store in July 2020 and sought an end allowance (initially 20%, reduced to 5% at hearing). The tribunal found that although the closure was accepted as a material change of circumstances, the appellant provided no substantive evidence (no trade figures, footfall data, or car park usage) to support the claim of adverse impact, relying only on expert subjective opinion. The tribunal determined the burden was on the appellant to prove its case and, absent concrete evidence, dismissed the appeal, noting that the store had been in decline with minimal stock before closure and that rental decline was attributable to economic factors rather than the store closure.
Summary generated from the decision text and checked against it. The appellant was C. & J. CLARK INTERNATIONAL LTD, represented.
Grounds argued
- Change of circumstances · decisive
- Quantum or end allowance
- Change of circumstances
- anchor store closure
- Evidence
- Expert report
- Cases cited
- GPS and Others v Bird
- Hearing
- 15 May 2025
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