Landlord and Tenant-Agreement for a lease-Draft lease not executed as some terms were found objectionable by the tenant-Parties operating under the agreed terms of the draft lease-Claim by lessor for rent and outstanding maintenance-Whether maintenance properly charged to the tenant as additional rent-Whether tenant obliged to pay insurance and depreciation on the building as a component of maintenance
Civil Procedure and Practice-Pleadings-Counter claim for refund of monies inappropriately charged for maintenance-Claim made in witness statements and submissions for refund of overpayment on rent-No corresponding claim for overpayment made-Whether overpayment recoverable-Claim for damages for compensation for expenditure on chattels after destruction by fire-No basis shown for the claim-Negligence and occupiers liability not specifically pleaded-Declaration sought for parties to be declared joint occupiers-No basis shown for such a declaration-Whether there is sufficient evidence to ground a cause of action in damages for negligence or occupiers liability or for a claim for compensation for fire damage
Evidence-Expert evidence-No permission sought by defendant at case management to rely on expert evidence-Quantity surveyor called at trial to give evidence of costs of materials and labour-Whether evidence given by quantity factual evidence and admissible as such-Whether evidence inadmissible as hearsay-Applicability of the Civil Procedure Rules 2000, part 32 and section 31G and F of The Evidence Act
