Cases - Hillil Property and Investment Co Ltd v Naraine Pharmacy
Record details
- Name
- Hillil Property and Investment Co Ltd v Naraine Pharmacy
- Date
- (1980); (1979)
- Citation
- 39 P. & C.R. 67; 252 E.G. 1013
- Legislation
- Keywords
- Lease renewal
- Summary
-
A pharmacy business was carried on in 2 adjoining shops - numbers 25 and 27. The first and second defendants wanted to join 25 and 27 together structurally. They took an assignment of a nearby shop, number 33, in order to store building materials during the works with the intention of using it for business purposes once the works were complete. There was a substantial delay in the reconstruction works. The contractors used 33 to dump waste material taken from 25 and 27 and that was its use when the lease expired. The question was whether 33 was being used for the purposes of a business.
The Court of Appeal held that an 'activity' for the purposes of section 23(2) of the 1954 Act, although it might be something that was not strictly a 'trade, profession or employment' must nevertheless be something that was correlative to the conceptions involved in those words. As a matter of fact and degree, the dumping of the spoil was not an 'activity' within the meaning of that phrase in section 23(2).