Biggin Hill Airport lease: Court of Appeal judgment on the user clause | Practical Law

Biggin Hill Airport lease: Court of Appeal judgment on the user clause | Practical Law

Biggin Hill Airport Ltd v Bromley London Borough Council, 11 July, 2001 (Court of Appeal).

Biggin Hill Airport lease: Court of Appeal judgment on the user clause

Practical Law UK Legal Update 1-101-5279 (Approx. 3 pages)

Biggin Hill Airport lease: Court of Appeal judgment on the user clause

Law stated as at 17 Jul 2001England, Wales
Biggin Hill Airport Ltd v Bromley London Borough Council, 11 July, 2001 (Court of Appeal).
After a detailed examination of the factual background to the grant of the lease of Biggin Hill Airport, the Court of Appeal disagreed with the conclusions of the judge at first instance and gave a narrower meaning to the user clause in the lease.
The case shows that whilst the principles of interpretation set out by Lord Hoffmann in Investors' Compensation v West Bromwich may be well-known, how they will be applied is not always predictable.
The Human Rights Act issues that were raised at first instance by a group of local residents and rejected by the judge were not appealed.