38th Floor, 8 Bishopsgate, EC2N 4BQ
Decided 20 November 2024 VT00022956 CBRE - Ben Moore
Figures are as stated in the decision; a dash means the document does not state that figure. This decision covers 16 properties; the figures shown are for the first listed.
What was argued and what the tribunal found
The appellant contended that the completion notice date of 8 June 2024 was unreasonable because practical real-world logistical constraints (loading bay capacity, lift availability, vehicle restrictions, snagging) meant that 16 floors could not be fitted out simultaneously, requiring a completion date of 19 July 2025 (25 months from practical completion). The tribunal held that these logistical constraints were "merely preparatory" works necessary before commencement on each individual floor, not "incidental" works that prolong the period once works have started, applying Lord Bridge's test in London Merchant Securities. Since each floor should be treated as a separate hereditament and fitting out would take 16-20 weeks, the panel found 11.5 months from practical completion to be reasonable.
Summary generated from the decision text and checked against it. The appellant was MEC LONDON PROPERTY 2 (NOMINEE 1) LIMITED, represented.
Grounds argued
- Effective date
- Other
- Evidence
- Expert report, Photographs, Measurement survey
- Cases cited
- London Merchant Securities plc v Islington LBC; Porter v Gladman; Hermes Property Unit Trust v Roberts; JLG Investments Ltd v Sandwell District Council; English Cities Fund v Standard Life; Newham LBC v Rad Phase 1 Type B Property Co No 1 Limited; Graylaw Investments Ltd v Ipswich BC; Delph Property Group Ltd v Alexander
- Hearing
- 21 October 2024
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