York v Casey

JurisdictionEngland & Wales
Date1998
Year1998
CourtCourt of Appeal (Civil Division)
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26 cases
  • Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 14 May 2014
    ...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 ......
  • Tanya Grand v Param Gill
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 19 May 2011
    ...the new approach to the construction of a notice exercising a break clause in a lease which specified the wrong date of termination. In York v Casey [1998] 31 HLR 209 this Court accepted that the same approach to construction was relevant to a s.20 notice which contained inaccurate particu......
  • Burman v Mount Cook Land Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 20 November 2001
    ...The principles reviewed and restated in the Mannai case were applied to the contents of a statutory notice by this Court in York v Casey [1998] 30 EG 110, [1998] 2 EGLR 25. The notice was to be served under section 20(1)(c) of the Housing Act 1988, in advance of the creation of a tenancy, w......
  • Captain Nigel Crighton Pease v Jeffrey William Carter
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 17 February 2020
    ...require the restriction of background in this case do not apply to notices given pursuant to clauses in leases.” 18 In York v Casey (1999) 31 HLR 209 the landlords brought proceedings for possession of a property after serving notice under section 21 of the 1988 Act. The validity of that no......
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2 firm's commentaries
  • Breaks And Apportionment Of Rent - A Ray Of Light For Tenants?
    • United Kingdom
    • Mondaq United Kingdom
    • 24 July 2013
    ...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......
  • Breaks And Apportionment Of Rent; A Ray Of Light For Tenants?
    • United Kingdom
    • Mondaq United Kingdom
    • 7 June 2013
    ...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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