Source: All England Reporter
Publisher Citation: [2012] All ER (D) 156 (May)
Neutral Citation: [2012] EWCA Civ 666
Court: Court of Appeal, Civil Division
Judge:

Lord Neuberger MR, Longmore and Lewison LJJ
Representation Nicholas Dowding QC and Anthony Dadevsky (instructed by Pemberton Greenish LLP) for the claimant.
  Stephen Jourdan QC (instructed by Maples Teesdale LLP) for the defendant.
Judgment Dates: 18 May 2012

Catchwords

Landlord and tenant - Leasehold enfranchisement - Tenant's notice - Tenant giving notice to landlords of desire to acquire freehold - Tenants abandoning first claim for transfer of freehold - Tenants making subsequent application and subsequently issuing second proceedings for transfer - Freeholder arguing that tenants requiring permission of court to make application - Court holding that permission of court required - Tenants appealing - Whether court erring - CPR 38.7.

The Case

Landlord and tenant Leasehold enfranchisement. The Court of Appeal, allowing the appeal, held that CPR 38.7 did not apply where tenants had withdrawn their application for a transfer of the freehold pursuant Leasehold Reform, Housing and Development Act 1993 (the 1993 Act), to a second application by the tenants for that transfer.

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