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Court of Appeal Dismisses Westminster’s Appeal in Section 106 Affordable Housing Case

August 04, 2026
Rebecca Stewart and Rachel Lee explain what you need to know about mortgagee exclusion clauses in section 106 agreements, in light of a recent Court of Appeal decision. The Court of Appeal has dismissed Westminster City Council’s appeal in Westminster City Council v GEMS House Residences Chiltern Street Ltd and another [2026] EWCA Civ 937. The case concerned 16 flats which had been secured as…

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