Thomas v Clydesdale Bank Plc (t/a Yorkshire Bank) [2010] EWHC 2755 (QB) (01 November 2010)

Thomas v Clydesdale Bank Plc (t/a Yorkshire Bank) [2010] EWHC 2755 (QB) (01 November 2010)

Ms Thomas had a reasonable prospect of establishing that she was in actual occupation at the relevant time, that her occupation would have been obvious on a reasonably careful inspection, and that the bank had actual knowledge of the facts giving rise to her interest. The judge below was wrong to conclude otherwise, and the requirements of CPR 39.3(5)(c) were satisfied.

Citation
[2010] EWHC 2755
Parties
Appellant/2nd Defendant: Bernice Thomas; Respondent/claimant: Clydesdale Bank PLC (t/a Yorkshire Bank)
Jurisdiction
England and Wales
Judgment Date
01 November 2010
Procedural Posture
Appeal / Substantive Appeal Against Refusal to Set Aside Possession Order Under CPR 39.3(3)
Outcome
Appeal allowed
Legal Topics
Actual Occupation, Overriding Interests, Land Registration Act 2002, Constructive Trust, Setting Aside Judgment, CPR 39.3(3)
Property Law Civil Procedure Actual Occupation Overriding Interests Land Registration Act 2002 Constructive Trust Setting Aside Judgment CPR 39.3(3)

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Parties

Bernice Thomas

Appellant/2nd Defendant

Clydesdale Bank PLC (t/a Yorkshire Bank)

Respondent/claimant

Procedural Posture

Appeal / Substantive Appeal Against Refusal to Set Aside Possession Order Under CPR 39.3(3)

Legal Issues

  1. 1 Whether Ms Thomas was in actual occupation of the property at the time of the disposition under the Land Registration Act 2002
  2. 2 Whether her occupation would have been obvious on a reasonably careful inspection
  3. 3 Whether the bank had actual knowledge of her interest

Ratio Decidendi

Ms Thomas had a reasonable prospect of establishing that she was in actual occupation at the relevant time, that her occupation would have been obvious on a reasonably careful inspection, and that the bank had actual knowledge of the facts giving rise to her interest. The judge below was wrong to conclude otherwise, and the requirements of CPR 39.3(5)(c) were satisfied.

Court Disposition

Appeal allowed

Orders

  • Order of His Honour Judge Langan QC refusing to set aside the possession order is set aside
  • Matter to proceed in accordance with the judgment