Home Information Cases Sharma v Knight (1986)

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Sharma v Knight (1986)

Summary

Process filed in court in the wrong district still valid

Facts

Appeal against refusal to adjudicate on application for a new tenancy under s.29(3) because application came before the court more than four months after the giving of the landlord's notice under s.25 LTA 1954. In fact tenant's notice had been filed within time but in the county court of another district.

Held

The judge had adopted too narrow an approach.The County Courts Act 1984 enabled the Lord Chancellor to specify where such courts were to be held but it did not make any provision for limiting the basic jurisdiction. CCR O.16 r.2 allowed the transfer of cases & was inconsistent with any lack of jurisdiction when cases were filed in the wrong court.

Court of Appeal
Purchas LJ Butler-Sloss J
Judgment date
27 January 1986
References

[1986] 1 WLR 757 : (1986) 83 LSG 705 : (1986) 136 NLJ 332 : (1986) 130 SJ 111

Previous Members

hh-judge-david-hodge-qc,HHJ David Hodge QC

Practice areas