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Wiggins v Regent Wealth Ltd

| 31/07/2014 | 10:33 | Transcript | Judgement date: 30/07/2014

Case No: B2/2013/2136Neutral Citation Number: [2014] EWCA Civ 1078IN THE COURT OF APPEAL (CIVIL DIVISION)ON APPEAL FROM THE CENTRAL LONDON COUNTY COURTMR RECORDER KENT QC2CL10527 Royal Courts of JusticeStrand, London, WC2A 2LLDate: 30/07/2014 Before :   LORD JUSTICE MOORE-BICK LADY JUSTICE GLOSTER and LORD JUSTICE VOS – – – – – – – – – – – – – – – – – – – – – Between :     (1) REGENT WEALTH LIMITED (2) SILVER GARDENS INVESTMENT LIMITED (3) GARDEN BAY HOLDINGS LIMITED Defendants / Appellants     – and –       NIGEL CHARLES WIGGINS   Claimant / Respondent   – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –   Mr Jonathan Gaunt QC and Mr Anthony Radevsky (instructed by Pemberton Greenish LLP) for the Appellant Mr Stephen Jourdan QC and Mr Thomas Jefferies (instructed by Withers LLP) for the Respondent   Hearing dates: Monday 10 March 2014 – – – – – – – – – – – – – – – – – – – – – Judgment Lady Justice GlosterIntroduction 1.                  This is an appeal by the defendants to the action, Regent Wealth Limited (“Regent”), Silver Garden Investment Limited (“Silver”) and Garden Bay Holdings Limited (“Garden”) (collectively “the Companies”), against the order of Mr Recorder Kent QC (“the judge”) sitting in the Central London County Court, dated 16 May 2013, whereby he: i)                    ordered that the claimant, Nigel Charles Wiggins (“Mr Wiggins”), be permitted under paragraph 15 of Schedule 3 to the Leasehold Reform, Housing and Urban Development Act 1993 (“the 1993 Act”) to amend an initial notice dated 22 December 2010 (“the Initial Notice”), served pursuant to section 13 of the 1993 Act, claiming collective enfranchisement of 45-47 South Street, London W1 so as to specify as liable to acquisition the additional leasehold interests identified at paragraph 6.10, 6.11 and 6.12 of the draft notice attached to the Claim Form (“the New Leases”); and ii)                  dismissed the Companies’ counterclaim seeking a declaration that the Companies as lessees under the New Leases took free from the Initial Notice and the claim made thereby.

MacLeod and others v Gold Harp Properties Ltd and others

| 30/07/2014 | 10:50 | Transcript | Judgement date: 29/07/2014

Neutral Citation Number: [2014] EWCA Civ 1084Case No: B2/2013/1629IN THE COURT OF APPEAL (CIVIL DIVISION)ON APPEAL FROM CENTRAL LONDON COUNTY COURTHH JUDGE GERALD Royal Courts of JusticeStrand, London, WC2A 2LL Date: 29/07/2014Before : LORD JUSTICE RICHARDSLORD JUSTICE SULLIVANandLORD JUSTICE UNDERHILL- – – – – – – – – – – – – – – – – – – – -Between :     GOLD HARP PROPERTIES LTD    Appellant    – and –        MACLEOD & OTHERS     Respondents – – – – – – – – – – – – – – – – – – – – — – – – – – – – – – – – – – – – – – – – – Mr Philip Brown (instructed by Direct Access) for the AppellantMs Kerry Bretherton and Mr Robert Bowker (instructed by Coles Miller Solicitors LLP) for the Respondents Hearing date: 13 May 2014- – – – – – – – – – – – – – – – – – – – -Judgment Lord Justice Underhill : INTRODUCTION AND OUTLINE FACTS1.    This is an appeal against a decision of HHJ Gerald, dated 24 May 2013, in the Central London County Court, requiring the alteration of Land Registry titles relating to a property in North Kensington known as 72-74 St.

McDonald v McDonald and others

| 25/07/2014 | 14:53 | Transcript | Judgement date: 24/07/2014

Neutral Citation Number: [2014] EWCA Civ 1049 Case No: B5/2013/1705 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM Oxford County Court His Honour Judge Corrie 20X50223Royal Courts of Justice Strand, London, WC2A 2LL   Date: 24/07/2014 Before:   Lady Justice Arden Lord Justice Tomlinsonand Lord Justice Ryder – – – – – – – – – – – – – – – – – – – – – Between:     Miss Fiona McDonald (By her Litigation friend Duncan J McDonald) Appellant   – and –     (1) Brian John McDonald (2) Margaret Helen McDonald (acting by Mr Andrew Hughes and Mr Julian Smith Joint Receivers)   Respondents – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –   Ms Kerry Bretherton (instructed by Turpin & Miller LLP) for the Appellant Mr Stephen Jourdan  QC & Ciara Fairley (instructed by TLT LPP) for the Respondents   Hearing dates: 4 – 5 March 2014 – – – – – – – – – – – – – – – – – – – – – Judgment Lady Justice Arden : Miss McDonald resists a claim for possession of her home 1.              The appellant, Miss Fiona McDonald, is forty-three years of age.  She has a mental disorder which makes her particularly upset by changes in her environment.