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Regent Wealth Ltd v Wiggins [2014] EWCA Civ 1078, [2014] WLR (D) 352

DATE: 30 Jul 2014

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 County Court Judge allowed the claim on terms that the valuation date should be moved to a later date.

The Court of Appeal allowed an appeal by the Companies, holding 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 full judgment is available at http://www.bailii.org/ew/cases/EWCA/Civ/2014/1078.html

Stephen Jourdan QC and Thomas Jefferies appeared for Mr Wiggins