Lord Chancellor, Regina (on the Application Of) v Chief Land Registrar: Admn 15 Jul 2005

Responsibility for magistrates courts had been transferred to the claimant, who in turn asserted that the leasehold assets of the magistrates courts be re-let in standard form in its name. The Registrar indicated his doubt that the Act could create new leases, or that they would be registered. There were particular difficulties with the creation of flying freeholds where premises were shared. The claimant sought a declaration that it could create the new leases. For one property the temporary accomodation let to the magistrates court pending redevelopment would be transformed into a virtual freehold.
Held: The power granted was a power of transfer only and not a power to create leases. There was no power for the Lord Chancellor to set the terms of a lease and impose them on a local authority. It might have been better if Parliament had done so but it had not. The proposal for transfer of freeholds where premises were shared would have serious and unintended financial consequences for those parts of buildings which were not occupied as Magistartes courts, and an express power would have been required for this purpose. No such express power had been given.

Judges:

Stanley Burnton LJ

Citations:

[2005] EWHC 1706 (Admin), Times 09-Aug-2005, [2006] 2 WLR 1118, [2006] QB 795, [2005] 4 All ER 643

Links:

Bailii

Statutes:

Courts Act 2003

Jurisdiction:

England and Wales

Registered Land, Magistrates

Updated: 20 December 2022; Ref: scu.229307