The WLR Daily case summaries
[2024] WLR(D) 145
Court of Appeal
Prescott Place Freeholder Ltd and others v Batin and another (Nos 1 and 2)
[2024] EWCA Civ 298
2024 March 12, 13; 27
Asplin, Arnold, Snowden LJJ
Landlord and tenant— Lease— Tenants’ right of first refusal— Landlord disposing of freehold to purchaser in breach of statutory duty to give tenants first refusal— Tenants obtaining order requiring purchaser to dispose of freehold to their nominee— Purchaser subsequently granting unregistered equitable leases to third party— Concurrent proceedings in County Court and First-tier Tribunal— Whether “relevant disposal” of property— Whether abuse of process to argue purchaser holding freehold on trust for beneficiary when beneficiary not joined as party to County Court and tribunal proceedings— Whether order creating immediate equitable interest in land—
Landlord and Tenant Act 1987 (c 31), ss 4(2)(g), 12B(2)(5), 19(1)
—
Land Registration Act 2002 (c 9), s 28