The Weekly Law Reports
[2024] 1 WLR 4460
Court of Appeal
*Prescott Place Freeholder Ltd and others v Donovan
[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 County Court order requiring purchaser to dispose of freehold to their nominee— Purchaser subsequently granting third party leases of two flats in property— Nominee bringing claim in High Court seeking injunction restraining third party from registering leases— Whether abuse of process for third party to assert beneficial interest in property for first time in High Court— Whether County Court’s order creating immediate equitable interest in land—
Landlord and Tenant Act 1987 (c 31), ss 12B(2)(5), 19(1)