Cadogan v McGirk: CA 25 Apr 1996

The court considered whether the 1993 Act should be construed as expropriatory legislation and therefore was to be read strictly.
Held: The Court rejected the submission that the relevant provisions must be strictly construed because the 1993 Act was expropriatory in nature.
Millet LJ said: ‘It would, in my opinion, be wrong to disregard the fact that, while the Act may to some extent be regarded as expropriatory of the landlord’s interest, nevertheless it was passed for the benefit of tenants. It is the duty of the court to construe the Act fairly and with a view, if possible, to making it effective to confer on tenants those advantages which parliament must have intended them to enjoy.’ and (obiter)
‘[The expression ‘the terms of the lease’ would ordinarily refer to the covenants and conditions of the lease rather than the extent of the demise. But s 57 (1) provides for the terms of the existing lease to be modified (inter alia) to exclude from the new lease property included in the existing lease but not forming part of the flat. This is an indication that the expression ‘terms of the existing lease’ may need to be given a wider interpretation than would be usual’.
Millett LJ said of the 1993 Act: ‘It would, in my opinion, be wrong to disregard the fact that, while the Act may to some extent be regarded as expropriatory of the landlord’s interest, nevertheless it was passed for the benefit of tenants. It is the duty of the court to construe the 1993 Act fairly and with a view, if possible, to making it effective to confer on tenants those advantages which Parliament must have intended them to enjoy.’
Millet LJ, Waite LJ, Thorpe LJ
[1996] 2 EGLR 75, [1996] 4 All ER 643, [1996] EWCA Civ 1340, [1996] 39 EG 175, (1996) 72 P and CR D47, [1996] NPC 65, (1997) 29 HLR 294
Bailii
Leasehold Reform Act 1967, Leasehold Reform, Housing and Urban Development Act 1993
England and Wales
Citing:
CitedMethuen-Campbell v Walters CA 1978
The curtilage of a house is narrowly confined to the area surrounding it and did not extend to a paddock. Buckley LJ said: ‘In my judgment, for one corporeal hereditament to fall within the curtilage of another, the former must be so intimately . .
CitedJones v Wrotham Park Settled Estates HL 1979
An attempt to determine the meaning of an enactment should not cross the boundary between construction and legislation: ‘My Lords, I am not reluctant to adopt a purposive construction where to apply the literal meaning of the legislative language . .
CitedManson v Duke of Westminster CA 1981
CS Stephenson LJ said: ‘I would . . regard the expropriatory nature of the 1967 Act as of little weight in construing its provisions . .’ . .

Cited by:
CitedMalekshad v Howard De Walden Estates Limited CA 23-May-2001
The applicant sought the leasehold enfranchisement of two leasehold properties. They were contained in separate leases, but the property had been treated as one for some time. A part of one property extended under part of the other. The claim was . .
CitedRichmond Housing Partnership Ltd v Brick Farm Management Ltd QBD 28-Jul-2005
The claimants were tenants of a charitable housing association, and sought the enfranchisement of their leasehold properties. The landlord appealed a declaration that the tenants were so entitled, saying that each of the tenants was excluded from . .
CitedCadogan and others v 26 Cadogan Square Ltd, Howard de Walden Estates Limited v Aggio and others HL 25-Jun-2008
In each case all or part of a building was let by a head-lease and then as self-contained units under sub-leases. The head lessees had served notices under the 1993 Act requiring new leases. The freeholder denied that they were qualifying tenants, . .
CitedDay and Another v Hosebay Ltd SC 10-Oct-2012
The Court considered the provisions for leasehold enfranchisement now that the residence requirement had been removed by the 2002 Act, and in particular the extent to which, at all, it had allowed enfranchisement to be available to commercial . .
CitedCadogan v Panagopoulos and Another ChD 15-Mar-2010
‘This case concerns the proper interpretation of certain provisions of that [1993 Act] regime when after a claim to collective enfranchisement has been made and registered, the freeholder grants a 999 year lease of a part of the premises. In a . .

These lists may be incomplete.
Updated: 02 June 2021; Ref: scu.192027