|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 91 (Jan)|
|Court:||Court of Appeal, Civil Division|
Chadwick LJ and Sir Murray Stuart-Smith
|Representation||Bryan McGuire (instructed by Hodders) for the claimant.|
|Janet Bignell (instructed by Vizards Staples & Bannisters) for the defendant.|
|Judgment Dates:||17 January 2002|
Landlord and tenant - Business premises - Notice by landlord to terminate tenancy - Application by tenant for new tenancy - Landlord opposing application by stating intention to occupy premises for the purposes of a business - Landlord not holding controlling interest in business - Tenant first raising landlord's lack of controlling interest in closing speech - Judge adjourning proceedings - Landlord gaining controlling interest during adjournment - Judge admitting further evidence of landlord holding controlling interest - Whether judge correct to admit further evidence.