November 2018
Judgment of the Supreme Court in various law reports including [2019] Appeal Cases 553, and on the Supreme Court website (which includes a video recording of the case being argued).
Clients: Regency Villas Title Ltd and four members of the committee of the Regency Villas Owners Club (as representatives of the whole membership).
The case concerned the enforceability of rights granted to the various owners/members of a time-share scheme, whom I represented, instructed by Shakespeare Martineau.
This included the adjoining golf course and other leisure facilities of a country club type resort by a deed (since lost), the key clause of which was recorded at HM Land Registry.
It is now an important legal precedent on easements for recreational purposes.
The Appellants asked the Supreme Court to over-rule the previous leading English authority of Re Ellenborough Park (Court of Appeal 1955), and not to follow or apply the leading Canadian and Australian cases.
Appeal dismissed; my clients’ cross-appeal allowed. Their rights were held to be fully enforceable.
The case was featured in the following publications:
- The Times (Law Report) [4 December 2018]
- Radius Data Exchange [2018]
- Property Week [2018]
- Timeshare Lawyer [2018]
- Golf Business [2018]
Additional articles in professional publications include:
- Estates Gazette (2019) 1901 EG 57
- Solicitors Journal (2019) 162 SJ 58
- The Conveyancer [2019] Conv 55-70 and 250-73.
