Blemain Finance Ltd v Goulding [2013] EWCA Civ 1630 (17 December 2013)

Blemain Finance Ltd v Goulding [2013] EWCA Civ 1630 (17 December 2013)

Blemain acquired a good title as chargee because it gave valuable consideration, acted in good faith, and had no notice of the bankruptcy, rendering the trustee's title void as against Blemain under section 86(5) of the Land Registration Act 2002. The applicant had no right to occupy the property and no real prospect of success on appeal.

Citation
[2013] EWCA Civ 1630
Parties
Claimant/respondent: Blemain Finance Limited; Appellant/second Defendant: Ian Keith Goulding
Jurisdiction
England and Wales
Judgment Date
17 December 2013
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Bankruptcy, Registered Land, Possession Proceedings, Trustee in Bankruptcy, Legal Charges
Property Law Insolvency Law Bankruptcy Registered Land Possession Proceedings Trustee in Bankruptcy Legal Charges

Case Brief

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Parties

Blemain Finance Limited

Claimant/respondent

Ian Keith Goulding

Appellant/second Defendant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the applicant's transfer of property was avoided by section 284 of the Insolvency Act 1986
  2. 2 Whether the applicant had a right to occupy the property under section 283A of the Insolvency Act 1986
  3. 3 Whether Blemain's title as chargee was valid under the Land Registration Act 2002

Ratio Decidendi

Blemain acquired a good title as chargee because it gave valuable consideration, acted in good faith, and had no notice of the bankruptcy, rendering the trustee's title void as against Blemain under section 86(5) of the Land Registration Act 2002. The applicant had no right to occupy the property and no real prospect of success on appeal.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal is refused