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Banner Industrial and Commercial Properties Ltd v Clark Paterson Ltd

Language: English Series: Estates Gazette ; (1990) 47 EG 64-68(3)Publication details: 1990Subject(s): Summary: ChD 8 March 1990. Appeal by landlord (B) to set aside arbitrator`s award over a rent review . Tenant (C) issued summons to stay proceedings. B issued a rent demand on the basis of award. This raised the issue as to whether this showed that B had accepted arbitrator`s award. B returned cheque. C maintained that B had accepted the award by sending out rent demand and was estopped from challenging its effectiveness. It was held that B did not realise there was a chance of challenging the award. Appeal allowed; C`s summons to stay proceedings dismissed.
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Law report London Journal article ABS43835 (Browse shelf(Opens below)) 1 Available 43696-1001

ChD 8 March 1990. Appeal by landlord (B) to set aside arbitrator`s award over a rent review . Tenant (C) issued summons to stay proceedings. B issued a rent demand on the basis of award. This raised the issue as to whether this showed that B had accepted arbitrator`s award. B returned cheque. C maintained that B had accepted the award by sending out rent demand and was estopped from challenging its effectiveness. It was held that B did not realise there was a chance of challenging the award. Appeal allowed; C`s summons to stay proceedings dismissed.