Parsons and another v George and another (Record no. 117914)

MARC details
000 -LEADER
fixed length control field 02604cam a2200313 4500
001 - CONTROL NUMBER
control field ABS68142
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 040827n2004 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u127191
245 ## - TITLE STATEMENT
Title Parsons and another v George and another
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2004
490 ## - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation [2004] 40 EG 150-156(7)
520 ## - SUMMARY, ETC.
Summary, etc. [2004] EWCA Civ 912,13 July 2004. Appeal raises question of whether a court has the power to permit a tenant who is applying for a new tenancy under the Landlord and Tenant Act 1954 Part II to amend a claim by adding or substituting a name after the end of the period specified by the s29(3). The respondents (G) were executors of the landlord's will and had terminated the appellant P's lease by issuing a s25 notice. The freehold was transferred to a third party (X). P issued a claim form applying for a new tenancy under s29 naming G as the defendants. G objected to the new tenancy on the ground that they were not the landlord within the meaning of s44. P applied to amend their claim by substituting X for G. By this time the s29(3) time limit had expired. HC dismissed application on the ground that it was out of time and held that the Act did not fall within Civil Procedure Rules Part 19.5(1)(C) as it did not contain a provision which allowed or disallowed the substitution or adding or parties. CA held that the application to amend the claim at the end of the prescribed limitation period was allowed as the Act did not prohibit it. The necessary conditions for substituting a party under Civil Procedure Rules Part 19(5(1) had been met. It was clear from the facts of the case that P intended to sue their competent landlord but by mistake named the wrong person. "Smithkline Beecham plc and another v Horne Roberts" ([2001] EWCA Civ 2001, [2002] 1 WLR 1662) applied. Appeal allowed. View judgment at www.bailii.org.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PARSONS AND ANOTHER V GERORGE AND ANOTHER
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BUSINESS TENANCIES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LIMITATION
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MISTAKE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LANDLORD AND TENANT ACT 1954 S29(3)
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CIVIL PROCEDURE RULES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LANDLORD AND TENANT ACT 1954 S44
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element NEW TENANCY
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SECTION 25 NOTICES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SMITHKLINE BEECHAM PLC AND ANOTHER V HORNE ROBERTS
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element LANDLORD AND TENANT-BUSINESS TENANCIES-CASE LAW
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2004/912.html">https://www.bailii.org/ew/cases/EWCA/Civ/2004/912.html</a>
Public note View judgment on the BAILII website...
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2004/912.html">https://www.bailii.org/ew/cases/EWCA/Civ/2004/912.html</a>
Public note View judgment on the BAILII website...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 27/08/2004   ABS68142 127191-1001 06/08/2019 1 06/08/2019 Law report