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Euripides v Gascoyne Holdings Ltd

Language: English Series: Rent Review & Lease Renewal ; 16(2) Summer 1996Publication details: 1996Subject(s): Summary: CA 27 June 1995. Lease contained a rent review clause which provided for disregard of tenant`s improvements unless in pursuance of the terms of the lease. Rent review was referred to an arbitrator who stated that the award reflected all works of improvement carried out during term of the lease. E sought leave out of time to appeal against the award for error of law. G sought to strike out the motion for want of prosecution. High Court allowed E`s application for leave to appeal out of time. G appealed. "Held" arbitrator`s assessment could not be characterised as a prima facie error of law. Appeal allowed.
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Law report London Journal article ABS55559 (Browse shelf(Opens below)) 1 Available 17315-1001

CA 27 June 1995. Lease contained a rent review clause which provided for disregard of tenant`s improvements unless in pursuance of the terms of the lease. Rent review was referred to an arbitrator who stated that the award reflected all works of improvement carried out during term of the lease. E sought leave out of time to appeal against the award for error of law. G sought to strike out the motion for want of prosecution. High Court allowed E`s application for leave to appeal out of time. G appealed. "Held" arbitrator`s assessment could not be characterised as a prima facie error of law. Appeal allowed.