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Cyfyngedig and Another v Hutton (Adverse Possession : Applications Under Schedule 6 To The Land Registration Act 2002): LRA 16 Mar 2012

LRA ISSUES – claimed adverse possession of unregistered land – claimed adverse possession under Schedule 6 of the Land Registration Act 2002 – effect of NAP Form – whether paragraph 5 conditions engaged – boundary agreement – estoppel [2012] EWLandRA 2011 – 0722 Bailii Registered Land Updated: 30 December 2021; Ref: scu.546239

TSN Kunststoffrecycling Gmbh v Jurgens: CA 25 Jan 2002

The claimant sought to register and enforce here, a judgment obtained by default in Germany. It was argued that he had not had, under section 27(2) sufficient opportunity to make a proper reply to the proceedings, and that the Brussels Convention created a right of appeal outside the range of appeals under the Civil Procedure … Continue reading TSN Kunststoffrecycling Gmbh v Jurgens: CA 25 Jan 2002

Sexton and Others v Gill and Another (Adverse Possession : Factual Possession): LRA 1 Jul 2014

LRA Adverse Possession : Factual Possession – Adverse possession – Closure of possessory title – whether proprietors in possession at date of application – whether monies paid under wayleave agreement sufficient for purposes of section 9(5) of the Land Registration Act 2002 – availability of a qualified title under section 9(4) – Applicants as Defendants … Continue reading Sexton and Others v Gill and Another (Adverse Possession : Factual Possession): LRA 1 Jul 2014

Swift 1st Ltd v The Chief Land Registrar: CA 1 Apr 2015

The court was asked whether the proprietor of a registered charge which turns out to have been a forged disposition is entitled to payment by way of indemnity under Schedule 8 to the 2002 Act in circumstances where the registered proprietor and rightful owner of the property was in actual occupation at the date of … Continue reading Swift 1st Ltd v The Chief Land Registrar: CA 1 Apr 2015

Information Commissioner v Islington London Borough Council: Admn 24 May 2002

The commissioner appealed a dismissal of her case against a council, complaining that the council knowingly or recklessly used personal data for the collection of council tax, for which registration had expired. Held: It was not necessary to show that the individual officer making use of the data had been aware of the breach. The … Continue reading Information Commissioner v Islington London Borough Council: Admn 24 May 2002

Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1): CA 19 Dec 2002

Capacity for Litigation The claimant appealed against dismissal of his claims. He had earlier settled a claim for damages, but now sought to re-open it, and to claim in negligence against his former solicitors, saying that he had not had sufficient mental capacity at the time to accept the offer. Held: There is no definition … Continue reading Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1): CA 19 Dec 2002

Bank of Scotland Plc v Waugh and Others: ChD 21 Jul 2014

The defendants had charged a property to the claimant bank to secure a guarantee of borrowings. The signatures were not witnessed as required under section 1(3) of the 1989 Act, and there were other misdescriptions. The bank sought a declaration as to the validity of the charge, and now applied for summary judgment. Held: Applying … Continue reading Bank of Scotland Plc v Waugh and Others: ChD 21 Jul 2014

Smith, Regina (on The Application of) v Land Registry (Peterborough Office) and Another: CA 10 Mar 2010

The appellant had lived in a caravan on the verge of a byway and had been here for more than twelve years. He appealed against rejection of his request for possessory title. He said that there was no support in law for the maxim that adverse possession was not available against land forming part of … Continue reading Smith, Regina (on The Application of) v Land Registry (Peterborough Office) and Another: CA 10 Mar 2010

Regina v City of Sunderland ex parte Beresford: HL 13 Nov 2003

Land had been used as a park for many years. The council land owner refused to register it as a common, saying that by maintaining the park it had indicated that the use was by consent and licence, and that prescription did not apply. Held: Qualifying user having been found, there was nothing in the … Continue reading Regina v City of Sunderland ex parte Beresford: HL 13 Nov 2003

J A Pye (Oxford) Ltd and Others v Graham and Another: HL 4 Jul 2002

The claimants sought ownership by adverse possession of land. Once the paper owner had been found, they indicated a readiness to purchase their interest. The court had found that this letter contradicted an animus possidendi. The claimant had overstayed the expiration of a grazing tenancy, and been asked to leave but had not been dispossessed. … Continue reading J A Pye (Oxford) Ltd and Others v Graham and Another: HL 4 Jul 2002

E I Du Pont de Nemours and Co v S T Dupont (2): ChD 22 Nov 2002

The parties had appeared before a hearing officer at the Trade Marks registry. The opponent of the registration sought leave to argue an additional point which, though unpleaded, could have been argued without any significant adjournment. The Officer declined leave. Held: The appeal succeeded. Justice indicated that in these circumstances, where no significant adjournment was … Continue reading E I Du Pont de Nemours and Co v S T Dupont (2): ChD 22 Nov 2002

Lewis, Regina (on the application of) v Redcar and Cleveland Borough Council and Another: CA 15 Jan 2009

The claimants sought registration of land as a common, saying that it had been used by the local residents for social activities for many years. The council had licenced the land for use as a golf course for many years. Held: The residents’ appeal failed. In the context of planning applications ‘the test of apparent … Continue reading Lewis, Regina (on the application of) v Redcar and Cleveland Borough Council and Another: CA 15 Jan 2009

Ajibade v Bank of Scotland Plc (Formerly Halifax Plc), Endeavour Personal Finance Ltd: LRA 8 Apr 2008

LRA Alteration and Rectification of The Register : Discretion of The Registrar and of The Adjudicator – Rectification of the register – Fraud – ‘Correcting a mistake’ – second charge – Schedule 4 Paragraph 5(1)(a) of the Land Registration Act 2002 [2008] EWLandRA 2006 – 0174 Bailii England and Wales Cited by: See Also – … Continue reading Ajibade v Bank of Scotland Plc (Formerly Halifax Plc), Endeavour Personal Finance Ltd: LRA 8 Apr 2008

U K Housing Alliance (North West) Ltd v Bowyer and Others (Contracts and Options : Contracts for Sale): LRA 18 Mar 2013

LRA The Applicant, now in administration, was in business in 2007 to 2008 buying residential properties from owners in occupation for full market value, payable as to 70 per cent on completion and as to the 30 per cent balance, subject to conditions, at the expiry of ten years. At the same time it entered … Continue reading U K Housing Alliance (North West) Ltd v Bowyer and Others (Contracts and Options : Contracts for Sale): LRA 18 Mar 2013

In re Re Rose, Midland Bank Executor and Trustee Company Limited v Rose: ChD 1949

The testator handed a transfer of the relevant shares to the donee, Mr Hook, together with the relevant certificates. The transfer had not been registered by the date of his death. Held: Equity will not compel an imperfect gift to be completed. Nevertheless, the testator had done everything in his power to divest himself of … Continue reading In re Re Rose, Midland Bank Executor and Trustee Company Limited v Rose: ChD 1949

Half Moon Bay Limited v Crown Eagle Hotels Limited: PC 20 May 2002

Strips of land lay between the two hotels operated by the parties. Restrictive covenants had been entered into by the respondent’s predecessors in title. The claimant brought proceedings to enforce the restrictions on the use of the land. An earlier case had been compromised on condition that the covenants be entered on the registers. This … Continue reading Half Moon Bay Limited v Crown Eagle Hotels Limited: PC 20 May 2002

Levi Strauss and Co and Another v Tesco Stores Ltd and others: ChD 31 Jul 2002

The trade mark owners sought to restrain the defendants from selling within the EU, articles bearing their mark which had been imported other than through their own channels. The defendants resisted summary judgement after reference to the European Court of Justice, on the grounds that the Regulation was invalid as infringing a basic tenet of … Continue reading Levi Strauss and Co and Another v Tesco Stores Ltd and others: ChD 31 Jul 2002

Pilling Parish Council v Stephen Wells (Practice and Procedure): LRA 6 Mar 2008

LRA The council challenged the grant of a possessory title to the respondent. He, acting for English Nature had claimed ownership of a section of foreshore of special scientific interest. The respondent argued that the claimant had not asserted any contrary interst and should not be heard. The council appealed against acceptance of that argument … Continue reading Pilling Parish Council v Stephen Wells (Practice and Procedure): LRA 6 Mar 2008

Lewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another: SC 3 Mar 2010

The claimants sought to have land belonging to the council registered as a village green to prevent it being developed. They said that it had for more than twenty years been used by the community for various sports. The council replied that it had managed a golf course on the land without objection from the … Continue reading Lewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another: SC 3 Mar 2010

Williams and Glyn’s Bank Ltd v Boland: HL 19 Jun 1980

Wife in Occupation had Overriding Interest The wife had made a substantial financial contribution to the purchase price of the house which was registered only in her husband’s name, and charged to the bank. The bank sought possession. The wife resisted saying that she had an overriding interest. Held: Her equitable interest was not only … Continue reading Williams and Glyn’s Bank Ltd v Boland: HL 19 Jun 1980

Hamalainen v Finland: ECHR 16 Jul 2014

ECHR Grand Chamber – Article 8-1 Respect for family life Respect for private life Refusal to give applicant female identity number following sex change unless marriage was transformed into civil partnership: no violation Facts – Under Finnish law marriage is only permitted between persons of opposite sex. However, while same-sex couples are not permitted to … Continue reading Hamalainen v Finland: ECHR 16 Jul 2014

Twinsectra Ltd v Yardley and Others: HL 21 Mar 2002

Solicitors acted in a loan, giving an undertaking as to its application. In breach of that undertaking they released it to the borrower. The appellants appealed a finding of liability as contributors to the breach. Held: ‘Money in a solicitor’s client account is held on trust. The only question is the terms of that trust.’ … Continue reading Twinsectra Ltd v Yardley and Others: HL 21 Mar 2002

Knights Construction (March) Limited v Roberto Mac Limited, The Chief Land Registrar (Fraud, Forgery, Duress and Undue Influence): LRA 9 Feb 2011

knights_robertoLRA11 LRA On voluntary first registration in 2007, the land registered by mistake included land the paper title to which was vested in the Applicant. It adjoined a block of flats and shops and was used, for the most part under rights granted by their leases, for car parking and waste bins by the tenants. … Continue reading Knights Construction (March) Limited v Roberto Mac Limited, The Chief Land Registrar (Fraud, Forgery, Duress and Undue Influence): LRA 9 Feb 2011

Regina (Abbasi) v Secretary of State for Foreign Affairs: CA 6 Nov 2002

There is no authority in law to support the imposition of an enforceable duty on the state to protect the citizen, and although the court was able to intervene, in limited ways, in the way in which the Foreign and Commonwealth Office used its discretion whether to exercise its right to protect a citizen, the … Continue reading Regina (Abbasi) v Secretary of State for Foreign Affairs: CA 6 Nov 2002

Smith, Regina (on the Application of) v The Land Registry (Peterborough Office): Admn 13 Feb 2009

The applicant sought judicial review of the cancellation of his application for first registration of land by adverse possession. The application had been rejected because a public right of way existed through it, and the claimant had not shown the necessary intention to possess exclusively of others. Held: The claim failed. A public right of … Continue reading Smith, Regina (on the Application of) v The Land Registry (Peterborough Office): Admn 13 Feb 2009

The Chief Land Registrar v Silkstone and Others: CA 14 Jul 2011

The Chief Land Registrar appealed against the dismissal of his appeal against the adjudicator’s decision on the cancellation of a unilateral notice. On the day of the adjudication, the Silkstones had purported to withdraw their case, wanting to take it forward instead in the High Court. The adjudicator had proceeded in any event, ordering the … Continue reading The Chief Land Registrar v Silkstone and Others: CA 14 Jul 2011

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Anderson Antiques (UK) Ltd v Anderson Wharf (Hull) Ltd and Another: ChD 23 May 2007

The claimants owned land against which they said, the defendant had wrongfully registered notices. They sought removal of the notices, damages, and an injunction to prevent further notices being registered. The first defendant asserted an oral agreement for the purchase of the site. The claimant sought a strike out of the defence. Held: The balance … Continue reading Anderson Antiques (UK) Ltd v Anderson Wharf (Hull) Ltd and Another: ChD 23 May 2007

Skelwith (Leisure) Ltd and Another v Armstrong and Others: ChD 8 Oct 2015

The claimants challenged the validity of land contracts made between the parties. The applications were to have matters disposed of summarily in their favour, raise issues as to, among other things, the interpretation of the Land Registration Act 2002 and the remedies available to mortgagees. Newey J [2015] EWHC 2830 (Ch) Bailii Land Registration Act … Continue reading Skelwith (Leisure) Ltd and Another v Armstrong and Others: ChD 8 Oct 2015