Prescott Place Freeholder Limited v Constantin Batin & Anor

Prescott Place Freeholder Limited v Constantin Batin & Anor

Section 19 Order under the 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 the order of creation per s28 of the Land Registration Act 2002. Claimants' interest under Section 19 Order has priority over D2's Equitable Leases, even if D2 protects his interests by registration or occupation. Injunctions are justified to restrain D2 from frustrating the Section 19 Order by protecting Equitable Leases.

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
03 November 2025
Procedural Posture
Civil / Post Trial Consequential Judgment
Outcome
Final injunctions granted; D1 ordered to convey freehold to C1; D2 restrained from registering or occupying to protect Equitable Leases; Together joined as party.
Legal Topics
Priority of Interests, Injunctions, Abuse of Process, Land Registration, Statutory Interpretation
Property Law Equity Landlord and Tenant Priority of Interests Injunctions Abuse of Process Land Registration Statutory Interpretation

Case Brief

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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

Civil / Post Trial Consequential Judgment

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 under Section 19 Order and Equitable Leases
  3. 3 Whether injunctions should restrain D2 from protecting Equitable Leases by registration or occupation

Ratio Decidendi

Section 19 Order under the 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 the order of creation per s28 of the Land Registration Act 2002. Claimants' interest under Section 19 Order has priority over D2's Equitable Leases, even if D2 protects his interests by registration or occupation. Injunctions are justified to restrain D2 from frustrating the Section 19 Order by protecting Equitable Leases.

Court Disposition

Final injunctions granted; D1 ordered to convey freehold to C1; D2 restrained from registering or occupying to protect Equitable Leases; Together joined as party.

Orders

  • D1 must convey freehold title to C1 within a short period using Form TR1 identical to 2014 transfer.
  • Consideration payable is £125,000, payment mechanism must respect Together's rights under 1987 Act.