Howard de Walden Estates Ltd v Aggio and others Earl Cadogan and Cadogan Estates Ltd v 26 Cadogan Square Ltd [2007] EWCA Civ 499, [2007] All ER (D) 408 (May)
Court of Appeal, Civil Division
Mummery, Arden and Jacob LJJ
24 May 2007
A head lessee does not have the right of individual lease extension conferred by Pt 1 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). Moreover, the Chancery Division of the High Court does not cease to be a higher court than the county court when it exercises the same first instance jurisdiction as has been conferred on the county court by the Leasehold Reform Acts.
Judith Jackson QC and Katharine Holland (instructed by Speechly Bircham) for the appellant in the first appeal.
Anthony Radevsky (instructed by Forsters) for the respondents in the first appeal.
Philip Rainey (instructed by Pemberton Greenish) for the appellants in the second appeal.
Edwin Johnson QC (instructed by Bircham Dyson Bell) for the respondent in the second appeal.
Two cases before the court concerned tenant’s notices claiming individual lease extension under the provisions of LRHUDA 1993.
