Northumberland & Durham Property Trust Ltd v London Rent Assessment Committee
| Jurisdiction | England & Wales |
| Judgment Date | 26 June 1997 |
| Date | 26 June 1997 |
| Court | Queen's Bench Division |
Queen's Bench Division
Practice - concession on certain grounds of appeal - court not obliged to consider others
When remitting a case to a tribunal for rehearing where a respondent had conceded a material ground of appeal, a court was not bound to hear full argument on every other ground of appeal to comply with Order 55, rule 7(5) of the Rules of the Supreme Court.
Mr Justice Latham so held in a reserved judgment in the Queen's Bench Division on May 23 when allowing an appeal by the appellant landlord under section 11 of the Tribunals and Inquiries Act 1992 against the respondent's determination of a fair rent of the appellant's properties.
The appellant had submitted that despite the respondent's concession that two of the 13 grounds of appeal had been made out and that the matter should be remitted to the tribunal, the court was obliged under Order 55 to hear full argument on all 13 grounds in order to provide the tribunal with its opinion.
HIS LORDSHIP said that the court had the power, in the exercise of its inherent jurisdiction to control its own procedures, to decline to hear...
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Curtis v London Rent Assessment Committee
...of a piece with the above approaches as to the need for reasons is that of MacPherson of Cluny J. in Northumberland & Durham Property Trust Ltd. v. The London Rent Assessment Committee (unreported), 29th February 1996. There, the committee had regard to a single market rent comparable, to s......
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Cherry Tree Investments v Chairman of Greater Manchester Rent Assessment Committee and Others
...three cases decided at first instance since Curtis. In Northumberland & Durham Property Trust Ltd v. London Rent Assessment Committee [1998] 24 EG 128, referred to in argument before me as Northumberland & Durham (No.1), Latham J held: "It follows that in my judgment the respondent in this ......
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