case 26,2003 土地征用的赔偿

Mean Fiddler Holdings Ltd v Islington [2003] EWCA Civ 160 (24 January 2003)

英格兰及威尔士上诉法院

在CARNWATH大法官、CHRISTOPHER STAUGHTON爵士之前

这是一宗很有趣的案件。它关系到房屋的征用和违反租约使用房屋。原告获得1-5 Parkfield Street, London N1地方的一处房屋35年的租用，并有一夜总会。后来，伦敦政府London Borough of Islington获得该处房屋的财产权，它向原告下达了强制购买令（类似于征用）。问题在于就这份租约，或者说，因为原告不能/不应在此处经营夜总会，应该赔给原告多少钱：So there was an issue as to how, assuming there were a breach, it should be taken account in the valuation.

So the issue before the Tribunal (and the issue before us) is limited to ground (a), whether the occupation and/or use of the subject property was in breach of the lease. That is a position which we have to accept. However, I would observe that it does mean that we are faced with the somewhat artificial issue. As I understand it, in practice this use has gone on for two years without objection from the landlord, although the extent of the landlord's knowledge may be in issue. We cannot go into the circumstances of that, but it seems likely that in the real world a dispute about an alleged breach of this kind would be resolved by negotiation, rather than depending on a determination of the court.

这里涉及“分别占有”（sharing of possession）。