11 / Feb / 2005
Lancecrest Ltd v Asiwaju [2005] EWCA Civ 117, [2005] 1 EGLR 40
Time was held not to be of the essence for serving a “trigger notice” under rent review machinery. The case is important because a majority of the Court held that “when deciding on the validity of a notice, to rely in any way upon the reaction of the actual recipient is unsound in principle, and could well lead to inconsistency and unfairness” (per Neuberger LJ at page 151).