SoS Environment v Euston Centre Investments Ltd
SoS Environment v Euston Centre Investments Ltd
- 1994
- Weekly Law Reports 1994 1 WLR 563-570(8) .
ChD 9 December 1993. Application by landlord to strike out tenant`s proceedings for leave to appeal from arbitral award in a rent review case under Arbitration Act 1979 s1(3)(b) within 21 days as required under RSC Ord 73 r 5 on the grounds that the hearing had been delayed. Held that as there had been failure to prosecute the appeal with speedy despatch, the tenant`s proceedings would be struck out for want of prosecution. "Birkett v James" test considered. Landlord`s appeal allowed.
SOS ENVIRONMENT V EUSTON CENTRE INVESTMENTS LTD
ARBITRATION AWARDS
DELAY
FAILURE TO PROSECUTE
LEAVE TO APPEAL
WANT OF PROSECUTION
ChD 9 December 1993. Application by landlord to strike out tenant`s proceedings for leave to appeal from arbitral award in a rent review case under Arbitration Act 1979 s1(3)(b) within 21 days as required under RSC Ord 73 r 5 on the grounds that the hearing had been delayed. Held that as there had been failure to prosecute the appeal with speedy despatch, the tenant`s proceedings would be struck out for want of prosecution. "Birkett v James" test considered. Landlord`s appeal allowed.
SOS ENVIRONMENT V EUSTON CENTRE INVESTMENTS LTD
ARBITRATION AWARDS
DELAY
FAILURE TO PROSECUTE
LEAVE TO APPEAL
WANT OF PROSECUTION