The applicant sought leave to appeal out of time against the dismissal of his claim as an abuse of process, being an attempt to relitigate a lost case. He claimed to have had an interest in a house formerly occupied as a matrimonial property. The house had been purchased by the defendants. A land charge had been incorrectly registered.
Held: The land charge was not binding unless registered, even if the defendants had had knowledge of it, and the matrimonial court orders also prevented his application. Leave refused.
Lord Justice Otton, and Lord Justice Robert Walker
[1999] EWCA Civ 160
Land Charges Act 1972 4(8), Matrimonial Homes Act 1983 1
England and Wales
Updated: 09 June 2021; Ref: scu.146520
