Rees-Davies v City of Westminster, Court of Appeal - Lands Tribunal, September 28, 2001, [2001] EWLands LRA_18_1994

Reporting Judge: [2001] EWLands LRA_18_1994

President: Rees-Davies v City of Westminster

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Rees-Davies v City of Westminster, Court of Appeal - Lands Tribunal, September 28, 2001, [2001] EWLands LRA_18_1994

[2001] EWLands LRA_18_1994 (28 September 2001)

LRA/18/94

LANDS TRIBUNAL ACT 1949

PRACTICE - leasehold enfranchisement -application for extension of time and adjournment of hearing - appellants required to show cause why appeal should not be dismissed - whether appellants failed to pursue the appeal with due diligence - whether appellants failed to comply with any provisions of Lands Tribunal Rules - Lands Tribunal Rules 1996, rules 3(4), 45(2) and 46(2)(b)

IN THE MATTER of an APPEAL against a DECISION

of a LEASEHOLD VALUATION TRIBUNAL

of the LONDON RENT ASSESSMENT PANEL

BETWEEN PERSONAL REPRESENTATIVES

OF W R REES-DAVIES DECEASED Appellants

and

CITY OF WESTMINSTER Respondents

Re: 5 Lord North Street, Westminster SW1

Tribunal Member: P H CLARKE ESQ FRICS

Sitting at 48/49 Chancery Lane, London, WC2A on 12 February 1997

The following cases are referred to in the decision:

Hytec Information Systems Ltd v Coventry City Council (1996) The Times 31 December 1996

Re Jokai Tea Holdings Ltd [1992]1 WLR 1196

R G Carter (West Norfolk) Ltd v Ham Gray Associates Ltd (1996) unreported

Grand Metropolitan Nominee (No. 2) Co Ltd v Evans [1993] 1 All ER 642

Beachley Property Ltd v Edgar (1996) The Times 18 July 1996

S Gallagher instructed by Franks, Charlesly & Co, solicitors of Fleet Street EC4, for the appellants

R Mullis instructed by City Solicitor and Secretary, Westminster City Council, for the respondents

DECISION OF THE LANDS TRIBUNAL

This is a decision under rule 45 (2) of the Lands Tribunal Rules 1996 dismissing an appeal by the tenants of a long leasehold house from the decision of a leasehold valuation tribunal fixing the purchase price under the Leasehold Reform Act 1967.

S Gallagher of Counsel appeared for the...

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