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Copping v Surrey County Council

Language: English Publication details: 2005Subject(s): Online resources: Summary: [2005] EWCA Civ 1604, 21 December 2005. An appeal by C against the decision made in ([2005] EWHC 754 (QB), L130821) which established that a right to buy under the Housing Act 1985 Part V does not exist independently of the notice of claim, and that the absence of an express provision in the Act does not mean that a claim cannot be abandoned or withdrawn. C appealed against the decision that the appropriate date of valuation of their property was the date of their second notice claiming to exercise the right to buy and not their first notice twelve years before. C submitted that if a claim under s122 was denied but not withdrawn in writing, it should remain effective. "Held": Appeal dismissed on the basis that C's right to buy had been established in County Court proceedings that were based solely on the claim made under the second notice.

[2005] EWCA Civ 1604, 21 December 2005. An appeal by C against the decision made in ([2005] EWHC 754 (QB), L130821) which established that a right to buy under the Housing Act 1985 Part V does not exist independently of the notice of claim, and that the absence of an express provision in the Act does not mean that a claim cannot be abandoned or withdrawn. C appealed against the decision that the appropriate date of valuation of their property was the date of their second notice claiming to exercise the right to buy and not their first notice twelve years before. C submitted that if a claim under s122 was denied but not withdrawn in writing, it should remain effective. "Held": Appeal dismissed on the basis that C's right to buy had been established in County Court proceedings that were based solely on the claim made under the second notice.

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