W appealed against the striking out as an abuse of its request for a declaration that the tenants of the flats at Dolphin Square were entitled to acquire its freehold from the respondents. They had previously served and withdrawn a notice claiming the right.
Held: The tenants’ appeal was allowed. CPR 38.7 did not operate to restrict the right gfiven by the 1993 Act to make a second claim after a period of one year had expired from the withdrawal of the first. The statutory right to serve successive notices necessarily carried with it the right to make successive applications to the court.
Judges:
Lord Neuberger MR, Longmore. Lewison LJJ
Citations:
[2012] EWCA Civ 666, [2012] HLR 38, [2012] WLR(D) 151, [2012] 2 EGLR 76, [2012] LandTR 36, [2012] 1 WLR 2752, [2012] 4 All ER 148, [2012] CP Rep 33, [2012] 32 EG 42, 2012] 2 PandCR 8
Links:
Statutes:
Leasehold Reform, Housing and Development Act 1993 22 823, Civil Procedure Rules 38.7
Jurisdiction:
England and Wales
Citing:
Appeal from – Westbrook Dolphin Square Ltd v Friends Provident Life and Pensions Ltd ChD 14-Sep-2011
The defendant sought to have the claim struck out as an abuse of process, saying that it was a repeat of a claim previously made and withdrawn.
Held: The application succeeded. . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Civil Procedure Rules
Updated: 22 October 2022; Ref: scu.457822