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 of the property 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 lower court erred in finding otherwise and in failing to consider relevant evidence.

Citation
[2010] EWHC 2755 (QB)
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
Outcome
Appeal allowed
Legal Topics
Actual Occupation, Overriding Interests, Constructive Trust, Land Registration Act 2002, Setting Aside Judgment, CPR 39.3(3), CPR 39.3(5)
Property Law Civil Procedure Actual Occupation Overriding Interests Constructive Trust Land Registration Act 2002 Setting Aside Judgment CPR 39.3(3) +1 more

Case Brief

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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

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 Ms Thomas's occupation would have been obvious on a reasonably careful inspection under Schedule 3, paragraph 2(c)(i) of the 2002 Act
  3. 3 Whether the Bank had actual knowledge of Ms Thomas's interest under Schedule 3, paragraph 2(c)(ii) of the 2002 Act

Ratio Decidendi

Ms Thomas had a reasonable prospect of establishing that she was in actual occupation of the property 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 lower court erred in finding otherwise and in failing to consider relevant evidence.

Court Disposition

Appeal allowed

Orders

  • Order of His Honour Judge Langan QC set aside
  • Application under CPR 39.3(3) succeeds