Clark and Another v Chief Land Registrar and Another: ChD 2 Dec 1992

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.


Ferris J


Gazette 02-Dec-1992, [1994] Ch 370, [1992] EWHC 1 (Ch), [1993] 2 All ER 936, [1993] Fam Law 579, [1993] 2 FLR 500, (1993) 65 P and CR 186, [1993] 2 WLR 141




Land Registration Act 1925 75, Land Registration Rules 1925 218, Charging Orders Act 1979 2(1)


England and Wales


CitedIrani 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 . .
CitedParkash 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.
CitedNational 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 . .

Cited by:

Appeal fromClark 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. . .
CitedGold 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.

Registered Land

Updated: 29 April 2022; Ref: scu.79180