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Urwick & another v. Pickard [2019]

Anthony Tanney was responding on behalf of a Manager appointed under the LTA 1987 to an appeal brought by the leaseholders of some of the flats on the estate to which the Management Order applied.

The leaseholders had decided they did not want the Manager to continue with his appointment, and so they had procured the transfer of the bulk of the freehold of the estate to a company they controlled. The Management Order was not protected by a restriction in the register of the freehold title, and the leaseholders therefore claimed that the company they controlled took free of the Order when it acquired the freehold. The Deputy President agreed with the leaseholders on this point.

Anthony argued in the alternative that even if the company took free of the order, the leasesholders themselves were still bound by it, and were therefore obliged to exercise their control of the company so as to enable the management to continue. The Deputy President rejected this argument also.

Anthony Tanney, instructed by Dean Wilson LLP, for the respondent. Click below to read the judgment. 

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