Golf club wins court dispute with landlord (From Witney Gazette)

Golf club wins court dispute with landlord

9:00am Wednesday 19th April 2006 in Witney

A GOLF club won a High Court fight against its landlords which could save it tens of thousands of pounds a year.

The dispute centred around a 1998 rental agreement between Witney Gold Club Ltd and landlords Andrew Parker and Christopher Strainge, who own the land the club uses at Downs Road, Witney.

In the agreement the club agreed to pay six per cent of its profits to Mr Parker, of Main Road, Curbridge, and Mr Strainge, also of Curbridge.

But lawyers for the pair claimed the agreement was always meant to refer to the golf club's turnover not its profits.

Barrister John Wardell said the golf club "must have thought it was Christmas" when the wrong formula for carrying rent was put forward. The prosecution argued those representing the golf club should have double-checked if the landlords meant profit or turnover.

Ruling in favour of the club, Judge Peter Leaver said the formula had been drawn up by lawyers representing Mr Strainge and Mr Parker: He said: "To say the golf club should have gone back and checked is putting an unrealistic burden on any party to an arm's length and commercial transaction."

The court heard the 1998 agreement was drawn up when the golf club, at that time struggling financially, desperately needed outside investment.

Originally opened in 1993, the club is now part of the Witney Lakes Resort which includes a health club, restaurant and conference venue.