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Wiggins v Regent Wealth Ltd and others, Central London County Court

DATE: 16 May 2013

This case concerned a collective enfranchisement claim in which the participating tenants were entitled to acquire three overriding leases (“ORLs”) granted by the Grosvenor Estate outside the 1993 Act and owned by three offshore companies (“the Companies”). Unfortunately the s13 notice was not registered. The Companies granted each other new overriding leases of each other’s flats (“the New Leases”) with a nominal reversion, and contended that the nominee purchaser was only entitled to acquire the ORLs.

The nominee purchaser applied for an order under schedule 3 paragraph 15 of the Leasehold Reform and Urban Development Act 1993 permitting him to amend the initial notice to claim the New Leases, as they were liable to acquisition by s2. The Companies contended that the notice could not be amended to claim interests granted after the date of the initial notice, and that they took free of the notice by virtue of the provisions of the Land Registration Act 2002.

The Judge accepted the arguments of the nominee purchaser, and granted an order permitting the notice to be amended on terms that the valuation date should be moved to a later date.

The Companies have appealed to the Court of Appeal.

Thomas Jefferies acted for the nominee purchaser, led by Stephen Jourdan QC.