Cases - Hawkesbrook Leisure Ltd v Reece-Jones Partnership

Record details

Name
Hawkesbrook Leisure Ltd v Reece-Jones Partnership
Date
[2003]
Citation
EWHC 3333
Legislation
Keywords
Lease renewal
Summary

The claimant was a company formed to take leases and to manage 2 sports grounds owned by London Transport. It was a non-profit-making company limited by guarantee. It had its own ground staff managed bar and catering facilities at the sports grounds. It charged fees to London Transport, clubs and members of the public (who had to be members of the sports club) for the use of the grounds.

It was held that the claimant was in occupation for the purposes of section 23 of the 1954 Act. It was carrying on a commercial enterprise with a view to making a surplus, and aimed to make an accounting profit. It was irrelevant that its surplus could not be distributed to its shareholders or members. In any event, its business was an 'activity carried on by a body of persons' within the meaning of section 23.