Scribes West Ltd v Relsa Anstalt and others: CA 20 Dec 2004

The claimant challenged the forfeiture of its lease by a freeholder which had acquired the registered freehold title but had not yet registered its ownership. The second defendant had forfeited the lease by peacable re-entry for arrears of rent, and created a further lease.
Held: The judge was right to hold that, following the transfer, RB was the person entitled to the income of the land, and that therefore the forfeiture was valid.
Rix, Mummery, Carnwath LJJ
[2004] EWCA Civ 1744, [2005] 1 WLR 1847
Bailii
Law of Property Act 1925 141
England and Wales
Citing:
See AlsoScribes West Limited v Relsa Anstalt and Another (No 1) CA 1-Jul-2004
The court handed down a New Practice Direction 52 for grounds of appeal, decisions in permissions to appeal, notices to respondents of appeals, appeal bundles etc. . .
See AlsoScribes West Limited v Relsa Anstalt and Another (No 2) (Practice Note) CA 20-Jul-2004
The court gave guidance on the destination of appeals from county court cases. It was vital to identify the precise nature of the order under appeal: ‘The judges of this court (and the staff at the Civil Appeals Office) have to interpret the order . .
CitedIn re Rose, Rose v Inland Revenue Commissioners CA 1952
re_roseCA1952
The deceased had executed instruments of transfer and delivered them with the relevant certificates to the transferees.
Held: The transfers were transferred the whole of the deceased’s title both legal and equitable in the shares and all . .
CitedRose v Watson HL 7-Mar-1864
The buyer had paid deposits under an unconditional contract for the purchase of land induced by the misrepresentations of the seller. On discovering the falsity of the representations the buyer rescinded the contract and successfully resisted a . .
CitedMatthews v Usher CA 1900
Section 25(5) of the 1873 Act did not give to a mortgagor any power of re-entry or right of forfeiture which he did not have before the Act. Romer LJ described the mortgagor’s position before the 1873 Act: ‘He had certain equitable rights and . .
CitedFairclough v Marshall CA 1878
The plaintiff owned land charged by a previous owner who had rented it subject to the defendant’s predecessor subject to a covenant not to use it as an beerhouse. The defendant now used it as a beerhouse, and said that since the plaintiff had . .
CitedTrent v Hunt 1853
A mortgagor in possession continues to have a legal right to receive the rents in his own name. However since he had no legal interest in the reversion, he could not forfeit for breach of covenants in the lease. . .
CitedWilliam Brandt’s Sons and Co v Dunlop Rubber Co HL 1905
The court was asked whether instructions given by the bank’s customer to purchasers of rubber to make payment to its bank directly, amounted to an equitable assignment of debts, so that the bank could sue for their recovery. The bank sued the . .
CitedTurner v Walsh CA 1909
The landlord sought to enforce the tenant’s repairing covenants. After the tenancy had been created, he had charged his interest. The tenant said that, since the lessor had conveyed his interest by way of mortgage, the right to sue lay exclusively . .
Not approvedSchalit v Joseph Nadler Ltd CA 1933
Mr Nadler was a lessee of property, part of which he sublet to the plaintiff. In 1931 he made a declaration of trust, under which he declared that the property was held in trust for his company, Joseph Nadler Ltd. Shortly after the company purported . .
CitedInland Revenue Commissioners v John Lewis Properties Ltd CA 20-Dec-2002
The taxpayer company purchased properties to be occupied by other companies within the same group. Having granted leases, they assigned the rental income for the first six years to a bank in return for a capital payment. They then sought relief from . .
CitedCrumpton v Unifox Properties CA 1992
The court was asked as to the right of a transferee of the reversion to forfeit a lease in the period before registration of the transfer. Staughton LJ said that since the transferee did not yet have a legal estate and the claim was based on the . .

Cited by:
CitedWembley National Stadium Ltd v Wembley (London) Ltd and Others ChD 4-Apr-2007
Land at Wembley stadium had been sold to the defendants and leased back. The defendant assigned the freehold within the group, declaring that the lease was held in trust for the original freeholder. The claimant now said that the defendant assignee . .
DistinguishedStodday Land Ltd and Another v Pye ChD 7-Oct-2016
The agricultural landlord sold part of his land subject to the respondent’s tenancy to the appellant. Before the transfer was registered, notices to quit were served by both the landlord and his buyer. The tenant challenged both notices in the . .

These lists may be incomplete.
Updated: 21 January 2021; Ref: scu.220495