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Section 39 Apportionment of expenses under last section.

England, Wales and Scotland

(1)

If any person, being either the owner or the occupier of a shop, who has incurred or is about to incur any expense for the purpose of securing that the requirements of the last foregoing section are complied with with respect to the shop, alleges that the whole or any part of the expense ought to be borne by any other person having an interest in the premises, he may apply to the county court for the district in which the shop is situated and that court may make such order concerning the expenses or their apportionment as appears to the court, having regard to all the circumstances of the case, including the terms of any contract between the parties, to be just and equitable, and any order made under this section may direct that any such contract as aforesaid shall cease to have effect in so far as it is inconsistent with the terms of the order.

(2)

In this section the expression “shop” includes any wholesale shop and any warehouse occupied for the purposes of his trade by any person carrying on any retail trade or business or by any wholesale dealer or merchant.

Notes on the whole Act

Textual amendments

F1

Act repealed (1.12.1994) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3037, art. 2; and Pts. I, II and s. 67 ceased to have effect (1.12.1994) by 1994 c. 40, ss. 23, 24; S.I. 1994/3037, art. 3