© 2025 News On The Block. All rights reserved.
News on the Block is a trading name of Premier Property Media Ltd.
© 2025 News On The Block. All rights reserved.
News on the Block is a trading name of Premier Property Media Ltd.
The High Court and Court of Appeal have reached their decisions in two important enfranchisement cases. Westbrook has sealed victory in the collective enfranchisement of Dolphin Square, the central London block of 1,229 flats, believed to be the largest and most complex claim made to date.
Guided by Damian Greenish, Chairman of Pemberton Greenish and a leading authority on enfranchisement, Westbrook successfully defended Friends Life’s High Court challenge to its right to enfranchise the block.
The judge concluded that the grounds of Friends Life’s challenge were misconceived and failed on a multitude of grounds. Westbrook is now entitled to proceed with its acquisition of the freehold, the price and transfer terms for which will be agreed between the parties or referred to the first-tier tribunal for determination.
Damian Greenish said: “I am delighted the High Court has provided such a clear narrative on the extent of leaseholders’ rights under enfranchisement legislation. This has been a long and hard fought battle for Westbrook and its ultimate victory in this complex claim is wholly deserved.”
Meanwhile, in the Wiggins v Regent Wealth Limited collective enfranchisement case, the Court of Appeal has allowed the appeal of three head leaseholders against an earlier County Court decision. The Court of Appeal judged that the nominee purchaser failed to register the initial notice under s. 97 of the 1993 Act, and this enables the leaseholders to grant new head leases to their respective flats. Pemberton Greenish acted for the Appellant, Regent Wealth Limited.
Kerry Glanville, Head of Real Estate Dispute Resolution, said: “Today’s decision provides welcome clarity on the scope of the power to amend an initial notice and the consequences of failing to register the existence of a claim.”