Regency Villas Title Ltd and others v Diamond Resorts (Europe)
Ltd and others [2018] UKSC 57
Facts
In 1979, Gulf Investments Ltd acquired Broome Park ("the
Park"), a substantial country estate near Canterbury, for the
purposes of developing a timeshare and leisure complex around a
large 17th century Grade 1 listed house ("Mansion
House"). The development scheme originally included the
creation of 18 timeshare apartments alongside a communal club house
and additional recreational facilities including an outdoor heated
swimming pool, tennis and squash courts and an 18-hole golf
course.
Following the early success of the Mansion House development,
Gulf Investments created a second timeshare development on adjacent
land they had recently acquired ("Elham House"). Elham
House was transferred as a freehold to Elham House Development Ltd,
another member of the Gulf Group, on 11 November 1981. Elham House
was subsequently transferred to the members of the Regency