Supreme Court refuses PTA in disregard of improvements case
On 13 December 2022, the Supreme Court refused permission to appeal in Cadogan v Alberti, where Mark Sefton KC and Ciara Fairley, instructed by Cripps Pemberton Greenish, represented Cadogan, and Stephen Jourdan KC, instructed by Teacher Stern, and leading James Fieldsend, represented Mrs Alberti.
The case concerned the disregard of value added by improvements under the Leasehold Reform Act 1967. There is a note explaining the Court of Appeal’s decision here and a copy of the Supreme Court’s order here
If the parties cannot now agree the price to be paid for the freehold, it will have to be determined by the Upper Tribunal.
It is worth noting the dates in this case, as an illustration of how long it can take to get a determination of points of law in an enfranchisement case. The notice claiming the freehold was served on 13 May 2019, and it has taken over 3½ years just to get a final determination of the legal basis on which the price is to be arrived at.
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