References: [2013] EWHC 2304 (QB)
Links: Bailii
Coram: Griffith Williams J
Ratio: The claimant tenant appealed against frfeiture of her leas saying that she had not received any notices. The parties disputed whether the addresss was the usual or last known address, and also that the forfeiture gave the landlord an unjust enrichment.
Held: The appeal failedL ‘I am not persuaded the learned judge erred in applying CPR39.3 or in having regard to the provision of section 138 (9A) of the 1984 Act.’
This case cites:
- Cited – Nelson and Another v Clearsprings (Management) Ltd CA (Bailii, [2006] EWCA Civ 1252, Times 05-Oct-06, [2007] 1 WLR 962, [2007] 2 All ER 407)
The defendant did not appear at the trial and now appealed the judgment. The claim form and court papers had been served by post at the wrong address. The question was whether a defendant wanting to set aside a judgment was required to persuade the . . - Cited – Varsani v Relfo Ltd CA (Bailii, [2010] EWCA Civ 560)
The defendant appealed against refusal of a declaration that the court had no jurisdiction to hear the claim. He said that he lived in Kenya, and the claimant had failed first to apply for leave to serve out of the jurisdiction. The claimant had . . - Cited – Forcelux Ltd v Binnie CA (Bailii, [2009] EWCA Civ 854, [2010] CP Rep 7)
Forcelux and Mr Binnie were the landlord and tenant of a flat in Lincoln. Under the lease, the tenant was obliged to pay ground rent and other charges. The lease contained a forfeiture provision in the event of non-payment of rent or charges. Mr . . - Cited – London Borough of Hackney v Findlay CA (Bailii, [2011] EWCA Civ 8, [2011] HLR 15, [2011] NPC 7, [2011] PTSR 1356, [2011] CP Rep 18)
An application had been made to set aside a possession order obtained by a social landlord and determined by a district judge who applied CPR3.1 (7), when setting the possession order aside. By the time the landlord’s appeal against that decision . . - Cited – Relfo Ltd v Varsani ChD (Bailii, [2012] EWHC 2168 (Ch))
Claim brought by the Liquidator of the claimant company for recovery of monies belonging to the company which the Liquidator says were diverted by the former director and controller of the company, Mr Gorecia to the account of the Defendant, at . .
(This list may be incomplete)
Jurisdiction: England and Wales
Last Update: 09-Nov-16
Ref: 513774
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