header-logo header-logo

22 November 2007 / Timothy Fancourt
Issue: 7298 / Categories: Features , Property
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll