Thomas v Clydesdale Bank Plc (t/a Yorkshire Bank)

Thomas v Clydesdale Bank Plc (t/a Yorkshire Bank)

Ms Thomas had reasonable prospects of establishing actual occupation, that her occupation would have been obvious on inspection, and that the Bank had actual knowledge of the facts giving rise to her interest, thus her interest could override the Bank's registered charge.

Parties
Appellant/second 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 From 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, Mortgage Priority, CPR 39.3(3) Applications
Property Law Civil Procedure Actual Occupation Overriding Interests Land Registration Act 2002 Constructive Trust Mortgage Priority CPR 39.3(3) Applications

Case Brief

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Parties

Bernice Thomas

Appellant/second Defendant

Clydesdale Bank PLC (t/a Yorkshire Bank)

Respondent/claimant

Procedural Posture

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

Legal Issues

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

Ratio Decidendi

Ms Thomas had reasonable prospects of establishing actual occupation, that her occupation would have been obvious on inspection, and that the Bank had actual knowledge of the facts giving rise to her interest, thus her interest could override the Bank's registered charge.

Court Disposition

Appeal allowed

Orders

  • Order of His Honour Judge Langan QC refusing to set aside possession order is reversed
  • Application under CPR 39.3(3) to set aside possession order is granted