Regent Wealth Ltd v Wiggins [2014] EWCA Civ 1078
appeal of three head leaseholders of flats in a collective enfranchisement claim under the Leasehold Reform, Housing and Urban Development Act 1993. The nominee purchaser had failed to registered the initial notice under s. 97 of the 1993 Act against their titles at the Land Registry. This enabled the leaseholders to grant new head leases to each other of their respective flats. The nominee purchaser applied successfully to the county court to amend the initial notice under Paragraph 15 of Schedule 3 to the 1993 Act so as to claim the new leases as well. Reversing the county court judge, the Court of Appeal held that Paragraph 15 of Schedule 3 could not be used to claim an interest that had not been in existence at the date the initial notice was served, and that the lessees under the new leases took free of the claim. Jonathan Gaunt QC and Anthony Radevsky acted for the Appellants and Stephen Jourdan QC acted for the Respondent.
The judgment can be found here
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