Banner Industrial and Commercial Properties Ltd v Clark Paterson Ltd
Banner Industrial and Commercial Properties Ltd v Clark Paterson Ltd
- 1990
- Estates Gazette (1990) 47 EG 64-68(3) .
ChD 8 March 1990. Appeal by landlord (B) to set aside arbitrator`s award over a rent review . Tenant (C) issued summons to stay proceedings. B issued a rent demand on the basis of award. This raised the issue as to whether this showed that B had accepted arbitrator`s award. B returned cheque. C maintained that B had accepted the award by sending out rent demand and was estopped from challenging its effectiveness. It was held that B did not realise there was a chance of challenging the award. Appeal allowed; C`s summons to stay proceedings dismissed.
ChD 8 March 1990. Appeal by landlord (B) to set aside arbitrator`s award over a rent review . Tenant (C) issued summons to stay proceedings. B issued a rent demand on the basis of award. This raised the issue as to whether this showed that B had accepted arbitrator`s award. B returned cheque. C maintained that B had accepted the award by sending out rent demand and was estopped from challenging its effectiveness. It was held that B did not realise there was a chance of challenging the award. Appeal allowed; C`s summons to stay proceedings dismissed.