Wells v Pilling Parish Council [2008] EWHC 556 (Ch) (06 March 2008)

Wells v Pilling Parish Council [2008] EWHC 556 (Ch) (06 March 2008)

The application by Pilling Parish Council to alter the register was a matter of private law, not public law. As such, the Council needed to have standing, which it did not possess. Therefore, the adjudicator should have exercised his power to strike out the Council's application, and the appeal was allowed.

Citation
[2008] EWHC 556 (Ch)
Parties
Claimant/respondent: Mr Stephen Wells; Defendant/appellant: Pilling Parish Council
Jurisdiction
England and Wales
Judgment Date
06 March 2008
Procedural Posture
Appeal / Judgment on Appeal From Adjudicator's Preliminary Issue Decision
Outcome
Appeal allowed
Legal Topics
Land Registration, Possessory Title, Standing to Apply for Alteration of Register, Private Law Vs Public Law Proceedings
Land Law Property Law Civil Procedure Land Registration Possessory Title Standing to Apply for Alteration of Register Private Law Vs Public Law Proceedings

Case Brief

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Parties

Mr Stephen Wells

Claimant/respondent

Pilling Parish Council

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From Adjudicator's Preliminary Issue Decision

Legal Issues

  1. 1 Whether Pilling Parish Council had standing to apply for alteration of the land register under the Land Registration Act 2002
  2. 2 Whether the application to alter the register is a matter of private law or public law

Ratio Decidendi

The application by Pilling Parish Council to alter the register was a matter of private law, not public law. As such, the Council needed to have standing, which it did not possess. Therefore, the adjudicator should have exercised his power to strike out the Council's application, and the appeal was allowed.

Court Disposition

Appeal allowed

Orders

  • Application by Pilling Parish Council to alter the register is cancelled
  • Pilling Parish Council is removed as a party from the objection