SoS Environment v Euston Centre Investments Ltd
SoS Environment v Euston Centre Investments Ltd
- 1994
- Estates Gazette (1994) 48 EG 128-132(5) .
CA 24 June 1994. The arbitrator in rent review proceedings published his award accepting that asbestos in the premises should have been removed by the tenant (E). E issued an originating notice of motion and summons seeking leave to appeal under Arbitration Act 1979 s1. Possible transfer to ChD was left in abeyance for nine months and transferred in March 1993. In November the landlord (S) served a notice of motion to dismiss the application for leave to appeal for want of prosecution. ChD gave this judgment. E appealed, highlighting the requirements of "Birkett v James" and that the deputy judge wrongly exercised his discretion to strike out. Appeal allowed.
ARBITRATION ACT 1979
BIRKETT V JAMES
RENT REVIEWS
SOS ENVIRONMENT V EUSTON CENTRE INVESTMENTS LTD
CA 24 June 1994. The arbitrator in rent review proceedings published his award accepting that asbestos in the premises should have been removed by the tenant (E). E issued an originating notice of motion and summons seeking leave to appeal under Arbitration Act 1979 s1. Possible transfer to ChD was left in abeyance for nine months and transferred in March 1993. In November the landlord (S) served a notice of motion to dismiss the application for leave to appeal for want of prosecution. ChD gave this judgment. E appealed, highlighting the requirements of "Birkett v James" and that the deputy judge wrongly exercised his discretion to strike out. Appeal allowed.
ARBITRATION ACT 1979
BIRKETT V JAMES
RENT REVIEWS
SOS ENVIRONMENT V EUSTON CENTRE INVESTMENTS LTD