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The respondent’s notice
The respondent’s notice
OT has filed a respondent’s notice in response to the Appeal, supported by a statement of case. For present purposes it is not necessary to go into the arguments set out in the statement of case, which have now been elaborated by Mr Radley-Gardner’s written and oral submissions for the hearing of the Appeal. I need note only two points. First, the statement of case set outs the reasons why the Decision should be upheld. Second, those reasons include the Term Issue, which the Judge decided against OT.
- Heading
- Introduction
- Preliminary matters
- The 1997 Agreement
- Identification of the Sandbach Site
- The 2002 Agreement
- Identification of the Lubbards Site
- The Decision
- The grounds of the Appeal
- The respondent’s notice
- The lease/licence dispute – the correct approach
- What is exclusive possession?
- Analysis of the Appeal – overall approach
- Analysis of the Appeal – the arguments in paragraph 7 of the Grounds of Appeal
- Analysis of the Appeal – the arguments in paragraphs 8-10 of the Grounds of Appeal
- Analysis – the Term Issue
- Conclusions