The defendant had made a mistake resulting in an equitable chargee not being given proper opportunity to object to the registration of a further charge with priority. The chargee sought compensation from the defendant registrar.
Held: The registration of a charge is not to be defeated by a minor error – compensation payable. The 1925 Act is an Act of exceptionally low quality.
Gazette 02-Dec-1992,  Ch 370,  EWHC 1 (Ch),  2 All ER 936,  Fam Law 579,  2 FLR 500, (1993) 65 P and CR 186,  2 WLR 141
England and Wales
Cited – Irani Finance Ltd v Singh CA 1970
Two brothers had acquired land as joint tenants with the aid of a mortgage. Distinct orders were made against each of them charging their respective interests in the land. The mortgagee assigned the mortgage. The brothers held under a trust for . .
Cited – Parkash v Irani Finance Ltd ChD 1970
A search by an intending chargee had not revealed the existence of a caution on the register which protected a charging order. When the chargee attempted to register the charge, the cautioner was informed. It objected to the registration.
Cited – National Westminster Bank Ltd v Allen ChD 1971
The defendants, a husband and wife, were jointly and severally liable on two joint accounts which were overdrawn. The defendants were joint owners of a house property as joint tenants holding on trust for sale. The plaintiff was seeking a charging . .
Appeal from – Clark and Another v Chief Land Registrar and Another; Chancery Plc v Ketteringham CA 5-May-1994
A caution gives a right to be notified of an application, but does not give any priority on registration. . .
Cited – Gold Harp Properties Ltd v Macleod and Others CA 29-Jul-2014
The company appealed against an order re-instating to the register leases which the company said it had forfeited for non-payment of rent. After the forfeiture, the landlord had granted new leases. It appealed saying that exceptional circumstances . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 April 2022; Ref: scu.79180