Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd
Language: English Series: Estates Gazette ; [1997] 24 EG 122-131; [1997] 25 EG 138-142(15)Publication details: 1997Subject(s): Summary: HL 21 May 1997. The tenant (E) held two leases for a 10-year term from the landlord (M). In each lease it stated that the tenant might determine the lease by serving a notice of not less than six months expiring on the 3rd anniversary of the commencement date. E served notices expiring on 12 January 1995. M claimed that as the commencement date was 13 January 1992 these were ineffective. This was upheld up CA and E appealed. This was allowed by HL on the grounds that the purpose of a notice under a break clause must not be lost sight of. In this case it was obvious what the intention of the notice had been and a reasonable recipient would not have been perplexed by the minor error. It was also held that the rigid rule in "Hankey v Clavering" (1942 2 KB 326) should be replaced by that in "Carradine Properties Ltd v Aslam" (1976 1 WLR 442).| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS57166 (Browse shelf(Opens below)) | 1 | Available | 79090-1001 |
HL 21 May 1997. The tenant (E) held two leases for a 10-year term from the landlord (M). In each lease it stated that the tenant might determine the lease by serving a notice of not less than six months expiring on the 3rd anniversary of the commencement date. E served notices expiring on 12 January 1995. M claimed that as the commencement date was 13 January 1992 these were ineffective. This was upheld up CA and E appealed. This was allowed by HL on the grounds that the purpose of a notice under a break clause must not be lost sight of. In this case it was obvious what the intention of the notice had been and a reasonable recipient would not have been perplexed by the minor error. It was also held that the rigid rule in "Hankey v Clavering" (1942 2 KB 326) should be replaced by that in "Carradine Properties Ltd v Aslam" (1976 1 WLR 442).