Judgments - Malekshad (Respondent) v. Howard De Walden Estates Limited (Appellants)

(back to preceding text)

115. Mr Malekshad's originating application which came before Judge Ryland sought an order that he was entitled to acquire the freehold of both 76 Harley Street and 27 Weymouth Mews. Just as his 1967 Act notices were never amended so as to restrict his enfranchisement claim to 76 Harley Street alone, so his originating application has never been amended. Nonetheless before Judge Ryland, before the Court of Appeal and before your Lordships' House Mr Malekshad has contended, in the alternative, for the right to acquire 76 Harley Street alone. In my opinion, in disagreement with Judge Ryland and the Court of Appeal, he succeeds on that issue. I agree, therefore, that the case should be remitted to the County Court as my noble and learned friend Lord Nicholls of Birkenhead has suggested.

House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2002
Prepared 5 December 2002