York v Casey
| Jurisdiction | England & Wales |
| Date | 1998 |
| Court | Court of Appeal (Civil Division) |
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26 cases
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Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another
...these charges would in any event have been subject to apportionment just as this court had apportioned rent without those words in York v Casey [1998] 2 EGLR 25: see per Peter Gibson LJ at 28 A — B. He held that therefore there was an implied term for repayment as in the case of the Basic ......
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Siemens Hearing Instruments Ltd v Friends Life Ltd
...required the notice to be in a particular form, the result would have been different. The point was recognised by Peter Gibson LJ in York v Casey [1998] 2 EGLR 25, 27: "It is of course right, as [counsel] for the defendants has submitted, that one should bear in mind that in a statutory con......
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McDonald and Another v Fernandez and Another
...what appears to be an error on its face. He argued that the reasonable recipient test applies whether or not the error is obvious. In York v Casey [1998] 2 EGLR 25, at p 27K, Peter Gibson LJ had said that the court must see whether the error in the notice was obvious or evident and then go ......
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R (Morris) v London Rent Assessment Committee and Others
...of Lords in Mannai v Eagle Star [1997] AC 749 for the construction of landlord and tenant notices and on the decision of this court in York v Casey [1998] 2 EGLR 23, recently followed in Ravenseft Properties Limited v Hall, White v Chubb and Kaasseer v Freeman (19 December 2000), holding th......
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2 firm's commentaries
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Breaks And Apportionment Of Rent - A Ray Of Light For Tenants?
...In any event, the same outcome would have been reached if the lease had not included this wording following the judgment of York v Casey [1998] 2 EGLR 25. Taking into account the break notice served by M&S, was M&S required to pay the whole quarter's rent or only an apportionment of......
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Breaks And Apportionment Of Rent; A Ray Of Light For Tenants?
...In any event, the same outcome would have been reached if the lease had not included this wording following the judgment of York v Casey [1998] 2 EGLR 25. Taking into account the break notice served by M&S, was M&S required to pay the whole quarter's rent or only an apportionment of......