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Ward-Lee v Linehan

Language: English Series: All England Law Reports ; (1993) 2 All ER 1006-1015(10)Publication details: 1993Subject(s): Summary: CA 9 February 1993. W, having checked with the landlord, applied for renewal of her tenancy. However, the CC failed to serve the application on L who, once the time limit was reached, wrote to W announcing that the right to renew was void. W`s application to apply out of time was opposed as the landlord`s circumstances had changed. W lost the initial case to avoid prejudicing L`s position, but pressed for an appeal. The judge ruled that the lower court could have exercised discretion, though sparingly, as W had taken the correct steps in time and the fault for delay lay with the CC, W`s application should be upheld.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS48999 (Browse shelf(Opens below)) 1 Available 69415-1001

CA 9 February 1993. W, having checked with the landlord, applied for renewal of her tenancy. However, the CC failed to serve the application on L who, once the time limit was reached, wrote to W announcing that the right to renew was void. W`s application to apply out of time was opposed as the landlord`s circumstances had changed. W lost the initial case to avoid prejudicing L`s position, but pressed for an appeal. The judge ruled that the lower court could have exercised discretion, though sparingly, as W had taken the correct steps in time and the fault for delay lay with the CC, W`s application should be upheld.