Sparkes v Smart

JurisdictionEngland & Wales
Year1990
Date1990
CourtCourt of Appeal (Civil Division)
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3 cases
  • Barrett and Others v Morgan
    • United Kingdom
    • House of Lords
    • 27 January 2000
    ...the parties it is served. 37In reaching its decision in the present case the Court of Appeal approved an earlier decision of its own in Sparkes v. Smart [1990] 2 E.G.L.R. 245 where the notice to quit was served by the head landlord in collusion with the head tenant. There the Court had sim......
  • Barrett and Others v Morgan
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 30 June 1998
    ...freeholders and their tenants could not by itself destroy a sub-tenancy held from the tenants. The deputy judge relied particularly on Sparkes v Smart [1990] 2 EGLR 245, a decision of this court on facts comparable to the facts of the present 5On this appeal Mr Derek Wood QC, counsel for t......
  • Pennell v Payne
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 25 November 1994
    ...scope for collusion whatever the outcome of this appeal is plain from existing authorities — Gisborne -v- Burton [1989] QB 390 and Sparkes -v- Smart [1990] 2 EGLR 245 are two in point. So far from collusion being more easily concealed by the scheme Mr Gore envisages, the opposite seems to......

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