Howard William Hall & Anor v HM Attorney General & Anor [2026] EWCC 22 (11 March 2026)

Howard William Hall & Anor v HM Attorney General & Anor [2026] EWCC 22 (11 March 2026)

The claimants, as leaseholders of all flats in the building, have an interest sufficient to justify a vesting order for the freehold under s.320 Insolvency Act 1986, supported by their right to collective enfranchisement under s.1 Leasehold Reform, Housing and Urban Development Act 1993. The absence of a freeholder is unsatisfactory, and the value of the reversion is insignificant due to the length of the leases.

Citation
[2026] EWCC 22
Parties
Claimant: Howard William Hall; Claimant: Anne Elizabeth Hall; Defendant: HM Attorney General; Defendant: The Crown Estate Commissioners
Jurisdiction
England and Wales
Judgment Date
11 March 2026
Procedural Posture
Claim for Vesting Order (property/freehold) / Judgment After Hearing
Outcome
Claim allowed; vesting order granted.
Legal Topics
Vesting Order, Disclaimer of Freehold, Collective Enfranchisement, Escheat, Leasehold Reform
Property Law Insolvency Law Vesting Order Disclaimer of Freehold Collective Enfranchisement Escheat Leasehold Reform

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Parties

Howard William Hall

Claimant

Anne Elizabeth Hall

Claimant

HM Attorney General

Defendant

The Crown Estate Commissioners

Defendant

Procedural Posture

Claim for Vesting Order (property/freehold) / Judgment After Hearing

Legal Issues

  1. 1 Whether a vesting order should be made in favour of leaseholders following disclaimer of freehold in bankruptcy
  2. 2 Whether leaseholders' interest entitles them to the freehold under s.320 Insolvency Act 1986

Ratio Decidendi

The claimants, as leaseholders of all flats in the building, have an interest sufficient to justify a vesting order for the freehold under s.320 Insolvency Act 1986, supported by their right to collective enfranchisement under s.1 Leasehold Reform, Housing and Urban Development Act 1993. The absence of a freeholder is unsatisfactory, and the value of the reversion is insignificant due to the length of the leases.

Court Disposition

Claim allowed; vesting order granted.

Orders

  • Vesting order for the freehold of 92-96 Leighton Ave, Leigh on Sea, Essex SS7 1QA in favour of Howard William Hall and Anne Elizabeth Hall.