Cautions had been registered against land to protect interests claimed in a pending action. The action had been struck out at first instance, an appeal to the Court of Appeal had failed but a petition for leave to appeal to the House of Lords was still pending. Held: On an interlocutory notice of motion Brightman … Continue reading Calgary and Edmonton Land Co Ltd v Discount Bank (Overseas) Ltd: ChD 1971
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The plaintiffs had paid deposits for apartments which were to be built. After the developer became insolvent the plaintiffs sought recovery of the deposits, saying they had a lien which preceded the claims of chargees. Held: The one appeal failed and another succeeded. ‘the circumstances in which a purchaser’s lien will arise are not limited … Continue reading Chattey and Another v Farndale Holdings Inc and others: CA 11 Oct 1996
Appeal against order made in landlord and tenant possession proceedings. The tenant said that the judge had approached the case unfairly, and in particular had rejected out of hand the tenants assertion of a document as a lease. Held: The criticisms of the judge had some weight. As to whether the document created a lease: … Continue reading Fitzkriston Llp v Panayi and others: CA 12 Feb 2008
The claimant alleged the fraudulent transfer of properties by use of a forged power of attorney. Held: The power was fraudulent. Solicitors had acted under the instructions of the agent. The court referred to the Law Society’s practice guidance after Penn and said ‘If instructions come to a solicitor not from the client himself but … Continue reading Al-Sabah v Ali and Others: ChD 22 Jan 1999
Mr Sharp was the local land registrar with statutory duty to maintain the local registry, issuing certificates in response to search requests. A clerk who had been seconded by another Council to assist him negligently issued an inaccurate certificate to a prospective purchaser of land, omitting any reference to a claim to reimbursement of compensation … Continue reading Ministry of Housing and Local Government v Sharp: CA 1970
The registered freehold proprietor (S) of a property lived abroad, his mother having power of attorney. His sister and her husband, Mr and Mrs Hammond, had the register altered to show themselves as the freehold proprietors. The primary case was that they had forged the mother’s signature on the transfer. A building society mortgage was … Continue reading Argyle Building Society v Hammond: CA 1984
The appellant challenged a sale and rent back transaction. He said that the proposed purchaser had misrepresented the transaction to them. The Court was asked s whether the home owners had interests whose priority was protected by virtue of section 29(2)(a)(ii) of, and Schedule 3, paragraph 2, to the Land Registration Act 2002. Held: The … Continue reading Scott v Southern Pacific Mortgages Ltd and Others: SC 22 Oct 2014
