Alison Court Management Company Ltd v The Crown Estate Commissioners

Alison Court Management Company Ltd v The Crown Estate Commissioners

The court is satisfied that Alison Court Management Company Ltd is entitled to the freehold titles based on agreement and expectation, and the legal estate has determined due to dissolution and escheat. The discretionary power under section 181 Law of Property Act 1925 should be exercised in favour of Alison Court...

Source-derived case information.

Parties
Claimant: Alison Court Management Company Ltd; Defendant: The Crown Estate Commissioners
Jurisdiction
England and Wales
Judgment Date
08 June 2022
Procedural Posture
Part 8 Claim / Disposal Hearing
Outcome
Vesting order granted in favour of Alison Court Management Company Ltd.
Legal Topics
Vesting Order, Escheat, Bona Vacantia, Freehold Transfer, Company Dissolution
Property Law Trusts Probate Vesting Order Escheat Bona Vacantia Freehold Transfer Company Dissolution

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Parties

Alison Court Management Company Ltd

Claimant

The Crown Estate Commissioners

Defendant

Procedural Posture

Part 8 Claim / Disposal Hearing

Legal Issues

  1. 1 Whether the freehold titles formerly held by dissolved companies should be vested in Alison Court Management Company Ltd under section 181 Law of Property Act 1925
  2. 2 Whether Alison Court Management Company Ltd is entitled to the properties had there remained a subsisting estate

Ratio Decidendi

The court is satisfied that Alison Court Management Company Ltd is entitled to the freehold titles based on agreement and expectation, and the legal estate has determined due to dissolution and escheat. The discretionary power under section 181 Law of Property Act 1925 should be exercised in favour of Alison Court Management Company Ltd.

Court Disposition

Vesting order granted in favour of Alison Court Management Company Ltd.

Orders

  • The freehold titles formerly held by Alath Construction (Jersey) Limited and Alath Construction Limited are vested in Alison Court Management Company Ltd.