Business tenancy – Terms of occupation – Rival claims – Burden of proof – Pleading procedure

Cowley Property Investment Ltd v Oxford Karting Ltd [2018] EWHC 2824 (Ch) (Arnold J) (30 October 2018)

This interesting case is a further example of a “transfer” of a business which is not properly or formally documented. It also raises a point on burden of proof arising from the way in which the case had been pleaded and prepared. The trial judge found in favour of the tenant and dismissed the landlord’s claim for a declaration as to the terms of the tenancy by which the tenant occupied the premises.