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 J ordered that the register be rectified by vacating the cautions. He had power to make the order either under paragraph (a) or under paragraph (b) and that ‘it matters not whether the order is expressly made under paragraph (a) or paragraph (b).’
Judges:
Brightman J
Citations:
[1971] 1 WLR 81
Statutes:
Land Registration Act 1925 82 83
Jurisdiction:
England and Wales
Cited by:
Cited – Nugent v Nugent ChD 20-Dec-2013
The court was asked whether the court has, following the the 2002 Act, an inherent power to order the cancellation of a unilateral notice registered against a title registered under the 2002 Act and, if so, in what circumstances, and how, such a . .
Lists of cited by and citing cases may be incomplete.
Registered Land
Updated: 16 August 2022; Ref: scu.519754