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Calgary and Edmonton Land Co Ltd v Discount Bank (Overseas) Ltd: ChD 1971

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 β€˜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

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