- Distinguished — Colbalt Data Centre 2 LLP & Anor. The Commissioners for HMRC 2022-10-31
“…llustrate the argument by well-known cases in which the courts have distinguished between interpretation and categorisation. For example, in Street v Mountford [1985] AC 809 the question was whether an agreement amounted to a licence or a tenancy. Lord Templeman said at 819:…”
- Cited — Global 100 Limited v Maria Laleva 2021-12-03
“…The starting point is Street v Mountford[1985] AC 809. Lord Templeman said:…”
- Cited — Global 100 Limited v Maria Laleva 2021-12-03
“…nt legal description. Thus the question may be whether those rights and obligations are properly characterised as a licence or tenancy (as in Street v Mountford[1985] AC 809); or as a fixed or floating charge (as in Agnew v IRC[2001] 2 AC 710), or as a consumer hire agreement (as in TRM Copy Centres (UK) Ltd v Lanwall Services Ltd[…”
- Cited — Rossendale Borough Council v Hurstwood Properties (A) Ltd & Ors 2019-03-07
“…, and not sham, the effect in law of their execution was to grant the immediate legal right to possession of the property to the tenant: see Street v Mountford [1985] AC 809, where Lord Templeman’s analysis of the authorities demonstrates that a tenancy can only exist in law if the occupier enjoys exclusive possession of the proper…”
- Cited — Uber B.V. ("UBV") & Ors v Aslam & Ors 2018-12-19
“… the court may disregard a written term which is not part of the true agreement. That can be seen in the context of landlord and tenant from Street v Mountford [1985] AC 809 and Antoniades v Villiers [1990] 1 AC 417, especially per Lord Bridge at p 454, Lord Ackner at p 466, Lord Oliver at p 467 and Lord Jauncey at p 477. See also …”
- Cited — Uber B.V. ("UBV") & Ors v Aslam & Ors 2018-12-19
“…t legal description. Thus the question may be whether those rights and obligations are properly characterised as a licence or tenancy (as in Street v Mountford [1985] AC 809); or as a fixed or floating charge (as in Agnew v IRC [2001] 2 AC 710), or as a consumer hire agreement (as in TRM Copy Centres (UK) Ltd v Lanwall Services Ltd…”
- Cited — Uber B.V. ("UBV") & Ors v Aslam & Ors 2018-12-19
“…gment and para. 23 of the judgment of Lord Clarke in Autoclenz, both of which, for example, refer to the seminal landlord-and-tenant case of Street v Mountford [1985] AC 809. Inequality of bargaining power is central to the analysis in both cases and was expressly referred to by Lord Neuberger: see para. 40 of his judgment. I accor…”