A rent review clause allowed the landlord (but not the tenant) to apply to the RICS for the appointment of an independent surveyor to determine the revised rent if the landlord and the tenant failed to agree the new rent by the review date. There was no time limit for the landlord making that application.

The Court of Appeal (overturning the High Court decision) held that a clause implying a time limit was necessary on grounds of business efficacy. The landlord had to make the application to the RICS within a reasonable time after the review date and the tenant was entitled to to serve a notice making time of the essence in relation to that implied time limit.