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Coates Brothers plc v General Accident Assurance Ltd

Language: English Series: Weekly Law Reports ; (1991) WLR 712-719(9)Publication details: 1991Subject(s): Summary: ChD 7 March 1991. A landlord issued a summons for interim rent pending determination of a tenant`s application for a new tenancy under Landlord and Tenant Act 1954 Part II. Due to an oversight by the landlords solicitors the summons was not served within 12 months of its issue. Following the issue of a second summons the landlord applied for an order extending the time for service of the first summons. This was granted. The tenant applied to have that set aside and to have the first summons struck out on the grounds that it was invalid. Both summons were struck out. The landlord`s appeal was allowed in part since the first summons was not valid but the second was.
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Law report London Journal article ABS45007 (Browse shelf(Opens below)) 1 Available 50327-1001

ChD 7 March 1991. A landlord issued a summons for interim rent pending determination of a tenant`s application for a new tenancy under Landlord and Tenant Act 1954 Part II. Due to an oversight by the landlords solicitors the summons was not served within 12 months of its issue. Following the issue of a second summons the landlord applied for an order extending the time for service of the first summons. This was granted. The tenant applied to have that set aside and to have the first summons struck out on the grounds that it was invalid. Both summons were struck out. The landlord`s appeal was allowed in part since the first summons was not valid but the second was.