Prescott Place Freeholder Ltd & Ors v Batin & Anor [2023] EWHC 1445 (Ch) (14 June 2023)

Prescott Place Freeholder Ltd & Ors v Batin & Anor [2023] EWHC 1445 (Ch) (14 June 2023)

Section 19 Order under Landlord and Tenant Act 1987 constitutes an equitable interest in land from the moment it is made; priority between competing equitable interests is determined by order of creation under s28 LRA 2002; C1's interest under Section 19 Order has priority over D2's Equitable Leases, even if protected by notice or actual occupation; court has jurisdiction and discretion to grant final injunctions restraining D2 from protecting Equitable Leases; Together First Commercial Finance Ltd is properly joined as a party due to its security interest and relevant issues.

Citation
[2023] EWHC 1445 (Ch)
Parties
Claimant: Prescott Place Freeholder Limited; Claimant: Thomas Philip Threlfall; Claimant: Ben Freeman; Claimant: Elena Blanca Baccini; Claimant: Kimberley Sum; Claimant: Esther Carragher; Claimant: Anne Camilla Frances Darling; Claimant: Edwina Mary Gillian Barker; Defendant: Constantin Batin; Defendant: Joseph Donovan; Interested Party: Together First Commercial Finance Ltd
Jurisdiction
England and Wales
Judgment Date
14 June 2023
Procedural Posture
Chancery Consequential Judgment / Post Trial, Consequential Orders
Outcome
Final injunctions granted restraining D2 from registering notices or going into actual occupation; Together First Commercial Finance Ltd joined as party; Section 19 Order determined to constitute interest in land; C1 to take free of D2's Equitable Leases.
Legal Topics
Priority of Equitable Interests, Injunctions, Abuse of Process, Land Registration, Section 19 Orders Under Landlord and Tenant Act 1987, Specific Performance, Joinder of Parties, Overriding Interests
Property Law Equity Landlord and Tenant Trusts Civil Procedure Priority of Equitable Interests Injunctions Abuse of Process +5 more

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Parties

Prescott Place Freeholder Limited

Claimant

Thomas Philip Threlfall

Claimant

Ben Freeman

Claimant

Elena Blanca Baccini

Claimant

Kimberley Sum

Claimant

Esther Carragher

Claimant

Anne Camilla Frances Darling

Claimant

Edwina Mary Gillian Barker

Claimant

Constantin Batin

Defendant

Joseph Donovan

Defendant

Together First Commercial Finance Ltd

Interested Party

Procedural Posture

Chancery Consequential Judgment / Post Trial, Consequential Orders

Legal Issues

  1. 1 Whether a Section 19 Order under the Landlord and Tenant Act 1987 constitutes an interest in land
  2. 2 Priority between equitable interests arising under Section 19 Order and Equitable Leases
  3. 3 Whether injunctions should be granted restraining the defendants from protecting interests under Equitable Leases

Ratio Decidendi

Section 19 Order under Landlord and Tenant Act 1987 constitutes an equitable interest in land from the moment it is made; priority between competing equitable interests is determined by order of creation under s28 LRA 2002; C1's interest under Section 19 Order has priority over D2's Equitable Leases, even if protected by notice or actual occupation; court has jurisdiction and discretion to grant final injunctions restraining D2 from protecting Equitable Leases; Together First Commercial Finance Ltd is properly joined as a party due to its security interest and relevant issues.

Court Disposition

Final injunctions granted restraining D2 from registering notices or going into actual occupation; Together First Commercial Finance Ltd joined as party; Section 19 Order determined to constitute interest in land; C1 to take free of D2's Equitable Leases.

Orders

  • Final injunctions restraining D2 from marketing, granting, registering, or occupying interests in the Property until freehold conveyed to C1.
  • Together First Commercial Finance Ltd joined as party under CPR 19.2.