Swift 1st Ltd v The Chief Land Registrar

Swift 1st Ltd v The Chief Land Registrar

The statutory presumption under Schedule 8 paragraph 1(2)(b) LRA 2002 applies, entitling the registered proprietor of a forged charge acting in good faith to indemnity for loss by rectification, even where the rightful owner was in actual occupation and had an overriding interest. The Malory Enterprises decision on beneficial ownership was decided per incuriam and does not bar indemnity in these circumstances.

Parties
Respondent/claimant: Swift 1st Limited; Appellant/defendant: The Chief Land Registrar
Jurisdiction
England and Wales
Judgment Date
01 April 2015
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Indemnity for Rectification, Forged Dispositions, Overriding Interests, Rectification of Register, Land Registration Act 2002
Land Law Property Law Registration Law Indemnity for Rectification Forged Dispositions Overriding Interests Rectification of Register Land Registration Act 2002

Case Brief

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Parties

Swift 1st Limited

Respondent/claimant

The Chief Land Registrar

Appellant/defendant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a proprietor of a registered charge under a forged disposition is entitled to indemnity under Schedule 8 LRA 2002 when the rightful owner was in actual occupation
  2. 2 Whether the Malory Enterprises decision was decided per incuriam regarding beneficial ownership under a forged disposition

Ratio Decidendi

The statutory presumption under Schedule 8 paragraph 1(2)(b) LRA 2002 applies, entitling the registered proprietor of a forged charge acting in good faith to indemnity for loss by rectification, even where the rightful owner was in actual occupation and had an overriding interest. The Malory Enterprises decision on beneficial ownership was decided per incuriam and does not bar indemnity in these circumstances.

Court Disposition

Appeal dismissed

Orders

  • Registrar to pay Swift 1st Limited £90,658.99 under Schedule 8 LRA 2002 as indemnity for loss occasioned by cancellation of registered charge