Stephen Jourdan KC appears in enfranchisement judicial review
On 24 October 2025, the Divisional Court (Holgate LJ and Foxton J) handed down judgment in 6 judicial review claims which were heard together in July 2025. Stephen Jourdan KC, leading Malcolm Birdling and instructed by Jen Qosja, Matthew Lohn and Charlie Smith of Fieldfisher, acted for the Abacus claimants.
The claimants were all owners of freehold and other reversionary interests of dwellings held under long leases. They asked the court to declare that certain of the changes made by the Leasehold and Freehold Reform Act 2024 were incompatible with Article 1 of the First Protocol (“A1P1”) to the European Convention on Human Rights.
The changes in question all related to the amount payable on enfranchisement. They were as follows:
- The cap imposed on the amount of the rent payable under a lease which can be taken into account in arriving at the landlord’s term value, namely 0.1% of the freehold vacant possession value of the property.
- The exclusion of any element of marriage value or hope of marriage value.
- The removal of the landlord’s right to payment of their reasonable non-litigation costs.
The Court rejected the claims in a 164 page judgment, a copy of which can be downloaded below.
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