Duke of Westminster and Others v Birrane
| Jurisdiction | England & Wales |
| Judgment Date | 10 November 1994 |
| Date | 10 November 1994 |
| Court | Court of Appeal (Civil Division) |
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4 cases
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Malekshad v Howard de Walden Estates Ltd
...from what I have said that on this question of interpretation I respectfully differ from the view expressed by Nourse LJ in Duke of Westminster v Birrane [1995] QB 262, 270-271. He identified the primary purpose of section 2(2) as follows: "The primary purpose of section 2(2) must have bee......
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Malekshad v Howard de Walden Estates Ltd
...are the decision of the House of Lords in Tandon v Trustees of Spurgeons Homes [1982] AC 755 and the decision of this court in Duke of Westminster v Birrane [1995] QB 262. Tandon was mainly concerned with the significance of "reasonably so called" in s.2(1). Birrane was partly concerned wit......
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Malekshad v Howard de Walden Estates Ltd (No 2)
...was under the structure of the mews house. In reaching this conclusion the Judge followed the decision of the Court of Appeal in Duke of Westminster –v—Birrane [1995] QB 262; iii) If the Tenant could have enfranchised the main house, he could not also enfranchise the mews house, as the latt......
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Australian Competition and Consumer Commission v Lactalis Australia Pty Ltd
...statutory construction the word ‘material’ has been attributed a meaning of ‘significance’. Also, see: Duke of Westminster v Birrane (1995) 3 All ER 416, 422-3, CA. Applying these meanings to the expression ‘material breach’ in the termination clause I consider the expression can be equated......