The decision in Dolphin Square raises a number of interesting points about the basis on which a claim can be made to a freehold under the 1993 Act by what amount to ‘multiple owners’ notwithstanding the anti-avoidance provisions in the 1993 Act.
In a recent note on the subject (see link below), Mark Chick takes a look at these issues.
The latest news is that the case is now being appealed from the High Court on what might be termed the ‘policy point’ – i.e. the fact that in Dolphin Square one investor was able to use the 1993 Act to acquire the interest of another. We await the outcome of this with interest.