References: [1863] EngR 643, (1863) 4 B & S 174, (1863) 122 ER 425
Links: Commonlii
Coram: Cockburn CJ
When the relevant period for the giving of a notice is a month or specified number of months after the giving of a notice, the general rule is that the period ends upon the corresponding date in the appropriate subsequent month, ie the day of that month that bears the same number as the day of the earlier month on which the notice was given. Cockburn CJ described the rule as ‘in accordance with common usage . . and with the sense of mankind’
This case is cited by:
- Cited – Dodds -v- Walker HL ([1981] 1 WLR 1027, [1981] 2 All ER 609)
The landlord served his notice to determine the tenancy on the last day of a 30 day month. The tenant served his counternotice on the 31st day of the month four months later.
Held: Dismissing the tenant’s appeal, the House found that the court . . - Cited – O’ Connor Utilities Ltd -v- HMRC Admn (Bailii, [2009] EWHC 3704 (Admin), [2010] STI 624, [2010] STC 682)
. .