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SoS Environment v Euston Centre Investments Ltd

Language: English Series: Weekly Law Reports ; 1994 1 WLR 563-570(8)Publication details: 1994Subject(s): Summary: ChD 9 December 1993. Application by landlord to strike out tenant`s proceedings for leave to appeal from arbitral award in a rent review case under Arbitration Act 1979 s1(3)(b) within 21 days as required under RSC Ord 73 r 5 on the grounds that the hearing had been delayed. Held that as there had been failure to prosecute the appeal with speedy despatch, the tenant`s proceedings would be struck out for want of prosecution. "Birkett v James" test considered. Landlord`s appeal allowed.
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Law report London Journal article ABS50372 (Browse shelf(Opens below)) 1 Available 75467-1001

ChD 9 December 1993. Application by landlord to strike out tenant`s proceedings for leave to appeal from arbitral award in a rent review case under Arbitration Act 1979 s1(3)(b) within 21 days as required under RSC Ord 73 r 5 on the grounds that the hearing had been delayed. Held that as there had been failure to prosecute the appeal with speedy despatch, the tenant`s proceedings would be struck out for want of prosecution. "Birkett v James" test considered. Landlord`s appeal allowed.