Hannaford v Smallacombe
| Jurisdiction | England & Wales |
| Judgment Date | 16 December 1993 |
| Date | 16 December 1993 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Neill, Lord Justice Beldam and Lord Justice Henry
Arbitration - agricultural holdings - time limit for filing statements of case
The 35-day time limit in which parties to an arbitration under the Agricultural Holdings Act 1986 had to file their statements of case ran from the time when the arbitrator received his notice of appointment and not when the parties received the arbitrator's acknowledgement of appointment.
The Court of Appeal so held in a reserved judgment in allowing an appeal brought by the landlord, Mrs Betty Pym Smallacombe, from the decision of Judge Darwall at Exeter County Court on January 26, 1993 when he determined a case stated presented to him by the arbitrator appointed by the parties in favour of the tenant, Mr Vivian Reginald Hannaford.
Mr Barry Denyer-Green for the landlord; Mr Dirik Jackson for the tenant.
LORD JUSTICE HENRY said that section 26(1) of the 1986 Act placed restrictions on the ability of a landlord of an agricultural holding to terminate the tenancy. However, Schedule III, Part I, Case D of the 1986 Act provided that if at the date of giving a notice to quit the tenant had failed to pay rent within two months to which the notice related, the tenancy terminated.
What in fact had happened was that the tenant's cheque was paid into an account for the landlord on May 25, 1990. However, that was returned marked "re-present". It was subsequently honoured on June 5. On June 8, a notice to quit was issued relying on Case D.
Where a tenant sought to challenge the effect of such a notice he had to do so by way of arbitration. The parties did so by the letter of appointment received by the arbitrator on September 14. He did not, however, acknowledge receipt until September 18 in which he informed the parties that their statements of case should arrive no later than 35 days from the date of appointment.
The landlord submitted her case in good time but the tenant had not submitted his by October 19. The arbitrator wrote to the...
To continue reading
Request your trial
-
Avocet Industrial Estates LLP v Merol Ltd and Another
...Thomas [1986] 2 EGLR 1, Luttenberger v North Thoresby Farms Ltd [1992] 1 EGLR 261 (Court of Appeal) and [1993] 1 EGLR 3 (Ferris J), Hannaford v Smallacombe [1994] 1 EGLR 9 and Day v Coltrane [2003] 1 WLR 1379. I was also shown a short report of D'Jan v Bond Street Estates Ltd [1993] EGCS 43......
-
Robinson v Moody
... ... For the landlord it was argued, relying on Tradax Export SA v Volkswagenwerk AGELR ((1970) 1 QB 537) and Hannaford v SmallacombeTLR (The Times December 30, 1993) that the appointment did not take effect until the parties each received notification of the ... ...