Garston and Others v Scottish Widows' Fund and Life Assurance Society
| Jurisdiction | England & Wales |
| Year | 1996 |
| Date | 1996 |
| Court | Chancery Division |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
5 cases
-
Siemens Hearing Instruments Ltd v Friends Life Ltd
...of the Landlord and Tenant Act 1954, and a then unresolved issue relating to section 26(2) of that Act which I can conveniently call the Garston point, form the essential background to the construction of clause 19 of the Lease. 7 The relevant provisions of the Act are those which relate to......
-
Siemens Hearing Instruments Ltd v Friends Life Ltd
...17 The point was not in fact tested until March 1996 when Rattee J decided Garston v Scottish Widows Fund and Life Assurance Society [1996] 1 WLR 834. He held that where a lease for a fixed term also contained a tenant's break clause, the tenant was not entitled to make a request for a new ......
-
Mannai Investment Company Ltd v Eagle Star Life Assurance Company Ltd
...Clavering as "much distinguished" and to ignore it, or that Rattee J. in Garston v. Scottish Widows' Fund and Life Assurance Society [1996] 1 W.L.R. 834 should be puzzled as to why the Court of Appeal in this case considered, as I think rightly, that they were bound by Hankey v. 99In my vi......
-
Mannai Investment Co. v. Eagle Star Life Assurance Co., (1997) 215 N.R. 321 (HL)
...Estate Ltd. v. Eggleton, [1983] 1 A.C. 444 (H.L.), refd to. [para. 82]. Garston v. Scottish Widows' Fund and Life Assurance Society, [1996] 1 W.L.R. 834, refd to. [para. Authors and Works Noticed: Megarry, Robert E., Case Note, Hankey v. Clavering, (1943), 59 L.Q.R. 17, p. 18 [para. 49]. Su......
Request a trial to view additional results
1 firm's commentaries
-
Break Notice Content: Comply Or Die?
...and doubted whether this scenario was possible. He later argued the point successfully in the case of Garston v Scottish Widows Fund [1996] 1 WLR 834. It was therefore decided in Garston that it was not possible for a tenant to exercise a break clause and then seek to avail of the protectio......
1 books & journal articles
-
Law briefing
...thatthey could not be combined with a Section 26 request.The point effectively disappeared with the ruling in Garston v. Scottish Widows(1996) 1 WLR 834. The court decided that it was not possible for a tenant to exercise abreak right and then seek a new tenancy under the 1954 Act.When serv......