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Associated British Ports v C H Bailey plc

Language: English Series: Estates Gazette ; (1989) 49 EG 53-59(4)Publication details: 1989Subject(s): Summary: CA 27 July 1989. Appeal by tenants, C H Bailey plc (B), against dismissal of their appeal from the masters order giving the landlords, Associated British Ports (ABP), leave under the Leasehold Property (Repairs) Act 1938 to take proceedings against B. The proceedings concerned the commercial dry dock at Barry in South Wales demised to B. The appeal related to the application of earlier Court of Appeal decisions. Lord Denning and Lord Harman had said the landlord must show a " prima facie " case, while Diplock had said that he must show an arguable case. The present CA contended that there was no material difference between the two expressions. Appeal dismissed.
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Law report London Journal article ABS42008 (Browse shelf(Opens below)) 1 Available 34025-1001

CA 27 July 1989. Appeal by tenants, C H Bailey plc (B), against dismissal of their appeal from the masters order giving the landlords, Associated British Ports (ABP), leave under the Leasehold Property (Repairs) Act 1938 to take proceedings against B. The proceedings concerned the commercial dry dock at Barry in South Wales demised to B. The appeal related to the application of earlier Court of Appeal decisions. Lord Denning and Lord Harman had said the landlord must show a " prima facie " case, while Diplock had said that he must show an arguable case. The present CA contended that there was no material difference between the two expressions. Appeal dismissed.