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22 November 2007 / Timothy Fancourt
Issue: 7298 / Categories: Features , Property
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Getting the right price

Timothy Fancourt QC explains Sportelli’s impact on determination of enfranchisement prices

Successive Acts of Parliament, starting with the Leasehold Reform Act 1967 (LRA 1967), have given tenants of houses and flats (in defined circumstances) the right to acquire a freehold interest or an extended lease from their landlords. This legislation has always been contentious. LRA 1967 was challenged in the European Court of Human Rights as infringing the principle against expropriation of property without proper compensation, but the challenge failed. Perhaps in consequence, the rights conferred by the Acts are compendiously described and known as “enfranchisement”.

leasehold enfranchisement

Leasehold enfranchisement is regarded as a highly technical and rather specialist area of practice. It seems to produce highly technical decisions, many of which defy easy understanding. On occasions, however, a decision is made that has wide and general importance for practitioners who do handle enfranchisement claims. The recent decision of the Court of Appeal in Earl Cadogan v Sportelli [2007] EWCA Civ 1042, [2007] All ER (D) 396 (Oct) is one such case. It

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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