Westbrook Dolphin Square Ltd v Friends Life Ltd [electronic resource]
Language: English Publication details: 2012Subject(s): Online resources: Summary: [2012] EWCA Civ 666, 18 May 2012. The appellant (W) appealed against a decision striking out its proceedings seeking a declaration that the tenants of flats were entitled to acquire the freehold from the respondent (F) pursuant to the Leasehold Reform, Housing and Urban Development Act 1993 s22. W had made a leasehold enfranchisement claim in 2007 which was withdrawn shortly before a High Court hearing in 2009. Respondent F argued that the 2012 claim was an abuse of process under Civil Procedure Rule (CPR) 38.7. "Held": appeal allowed. Second or subsequent enfranchisement notices are not an abuse of process as the 1993 Act overrides CPR 38.7.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 156837-2001 |
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[2012] EWCA Civ 666, 18 May 2012. The appellant (W) appealed against a decision striking out its proceedings seeking a declaration that the tenants of flats were entitled to acquire the freehold from the respondent (F) pursuant to the Leasehold Reform, Housing and Urban Development Act 1993 s22. W had made a leasehold enfranchisement claim in 2007 which was withdrawn shortly before a High Court hearing in 2009. Respondent F argued that the 2012 claim was an abuse of process under Civil Procedure Rule (CPR) 38.7. "Held": appeal allowed. Second or subsequent enfranchisement notices are not an abuse of process as the 1993 Act overrides CPR 38.7.