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22 November 2007 / Timothy Fancourt
Issue: 7298 / Categories: Features , Property
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Getting the right price

Timothy Fancourt QC explains Sportelli’s impact on determination of enfranchisement prices

Successive Acts of Parliament, starting with the Leasehold Reform Act 1967 (LRA 1967), have given tenants of houses and flats (in defined circumstances) the right to acquire a freehold interest or an extended lease from their landlords. This legislation has always been contentious. LRA 1967 was challenged in the European Court of Human Rights as infringing the principle against expropriation of property without proper compensation, but the challenge failed. Perhaps in consequence, the rights conferred by the Acts are compendiously described and known as “enfranchisement”.

leasehold enfranchisement

Leasehold enfranchisement is regarded as a highly technical and rather specialist area of practice. It seems to produce highly technical decisions, many of which defy easy understanding. On occasions, however, a decision is made that has wide and general importance for practitioners who do handle enfranchisement claims. The recent decision of the Court of Appeal in Earl Cadogan v Sportelli [2007] EWCA Civ 1042, [2007] All ER (D) 396 (Oct) is one such case. It

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Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
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A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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