31 May 2012
Westbrook Dolphin Square Ltd v Friends Life Ltd [2012] EWCA Civ 666, [2012] All ER (D) 156 (May)
The statutory scheme under the Leasehold Reform, Housing and Development Act 1993 provided for tenants to make a second application one year after withdrawing an application. It would be surprising if a rule of court could be invoked by a landlord in a way that deprived the tenants from serving such a notice. The right to serve successive notices necessarily carried with it the right to make successive applications to the court.
