Court of Appeal decision on approach to marriage value
On 21 December 2010, the Court of Appeal gave judgment in McHale v Cadogan [2010] EWCA Civ 1471. The decision gives important guidance on the assessment of marriage value in a collective enfranchisement claim under the Leasehold Reform Act 1993. It was held that the statutory assumptions for assessing the freehold value, including that the tenants had no rights under the 1993 Act, and that the value of their improvements should be disregarded, applied throughout the valuation exercise. They applied, therefore, to the valuation of the participating tenants' existing leasehold interests. Anthony Radevsky appeared for the successful respondent, and Stephen Jourdan QC appeared for two interveners.
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