Kilhey Court Hotels Ltd v Wigan MBC [2004] EWHC Admin 2890 - S 21(1) and (5) FSA - s 28A SCA.
1) due diligence - offence due to act or default of another - D's obligation to give P notice.
- leave of the court is required to rely on the s 21(1) defence, without giving the required notice under s 21(5), even if act or default of another only becomes apparent at the trial.
2) s 28A(3) SCA - leave to allow D to rely on act or default of T may be given on appeal.
undefined: unpaid