swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Registered Land - From: 1996 To: 1996
This page lists 4 cases, and was prepared on 27 May 2018.
Racoon Limited v Harris Turnbull, Executor of James Turnbull (Deceased) and others; PC 22-May-1996 - [1996] UKPC 15; [1996] 3 WLR 353; [1996] 4 All ER 503; [1997] AC 158
Chattey and Another v Farndale Holdings Inc and others [1996] EWCA Civ 696
11 Oct 1996
CA
Land, Contract, Registered Land
The plaintiffs had paid deposits for apartments which were to be built. After the developer became insolvent the plaintiffs sought recovery of the deposits, saying they had a lien which preceded the claims of chargees. Held: The one appeal failed and another succeeded. "the circumstances in which a purchaser's lien will arise are not limited to those in which the contract is or has been specifically enforceable but include those in which there is or has been a right to call for the legal estate whether presently, in the future or conditionally so as to give rise to the equitable interest or estate. . . "
and "It is not disputed that the purchaser's lien arises by operation of law from the contract unless it is modified or excluded by express agreement of the parties or by necessary implication from the contractual arrangements the parties have entered into. The lien so arising is an unqualified equitable right. In common with all other equitable rights it is capable of being subordinated to the rights of a subsequent purchaser for value of a legal estate without notice of the equitable right. But that inherent weakness is no reason to modify the nature of the right itself. "
Land Registration Act 1925 70(2)
1 Cites
[ Bailii ]
Highland Council (Formerly Ross and Cromarty District Council) v Patience and Others (Scotland); HL 14-Nov-1996 - Times, 09 January 1997; [1996] UKHL 7
Brown and Root Technology Ltd and Another v Sun Alliance and London Assurance Comp Ltd; CA 19-Dec-1996 - Gazette, 19 February 1997; Times, 27 January 1997; [1996] EWCA Civ 1261; (1996) 75 P & C R 223; [2001] Ch 733