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England and Wales decisions
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Bennets Courtyard Ltd v Bennets Courtyard Airspace Ltd [2026] EWHC 1119 (Ch) (12 May 2026)
The High Court dismissed an appeal in a collective enfranchisement dispute, holding that the initial notice had to be served on the registered freehold proprietor.
Appeal over collective enfranchisement notice service. The High Court held the initial notice had to be served on the registered freehold owner, so service on the equitable owner was insufficient.
Horsman & Ors v His Majesty's Attorney General & Anor [2026] EWHC 975 (Ch) (30 April 2026)
The High Court held that a BVI company merger operated as a universal succession, vesting English land in the surviving company without prior registration.
The High Court held that a BVI merger operated as universal succession, vesting title to English property in the surviving company without prior registration.
The tribunal dismissed a mother’s land registration applications, finding the properties were gifts to her daughter and that the presumption of advancement was not rebutted.
The Court of Appeal held that FSMA section 26 recovery rights do not extend to successors in title and allowed the appeal. It also held the new point should not have been admitted.
The Tribunal cancelled a determined boundary application over West Colleton and Little Colleton, but made a binding finding that the boundary lies at the midpoint of a stream.
The leases, including Schedule 5, remained valid estates in land and did not defease or convert into licences upon disclaimer of the sub-leases. The Defendants, as successors, are bound by the leases and Schedule 5. The arrangements collectively constitute a CIS under s.235 FSMA. Only Aloe Vera (Llandudno Bay) and EBI (Belmont) actively operated the CIS and thus breached s.19 FSMA; the other Defendants did not operate a CIS. Remedies under s.26 FSMA are not available against the Defendants as successors; Claimants are entitled to enforce the leases but not to restitution or compensation under…
Source excerpt
McLaren v Tramperly Ltd & Ors (REGISTRATION - transfer - limit of director's authority - good faith - restriction) [2026] UKFTT 452 (PC) (13 March 2026)
The tribunal dismissed an objection to registration of a company property transfer, holding the purchaser acted in good faith and could rely on the director’s apparent authority.
The Tribunal dismissed an objection to registration, holding that a transfer signed by one director and witnessed was validly executed and the purchaser acted in good faith.
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