Dhillon v Orchard & Anor [2026] EWCA Civ 346 (23 March 2026)

Dhillon v Orchard & Anor [2026] EWCA Civ 346 (23 March 2026)

The right to recover money or property under section 26(2) of FSMA does not extend to successors in title; it is limited to the original counterparty. The statutory language and structure, including section 28(8), indicate that recovery from successors in title is not contemplated. The Judge below erred in holding...

Source-derived case information.

Citation
[2026] EWCA Civ 346
Parties
Claimant/appellant: Daljit Kaur Dhillon; Defendant/respondent: Jeffrey Orchard; Defendant/respondent: Ann Orchard
Jurisdiction
England and Wales
Judgment Date
23 March 2026
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Sale and Rent Back Agreements, Regulated Activities Under FSMA, Overriding Interests Under Land Registration Act 2002, Successors in Title Liability, Unenforceable Agreements, Consumer Protection
Financial Services Law Property Law Land Registration Sale and Rent Back Agreements Regulated Activities Under FSMA Overriding Interests Under Land Registration Act 2002 Successors in Title Liability Unenforceable Agreements +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Daljit Kaur Dhillon

Claimant/appellant

Jeffrey Orchard

Defendant/respondent

Ann Orchard

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the right of recovery under section 26(2) of FSMA extends to successors in title of the original transferee
  2. 2 Whether the Orchards' rights under FSMA constitute an overriding interest binding on Ms Dhillon as a successor in title
  3. 3 Whether the Judge was correct to allow a new legal argument to be raised on appeal

Ratio Decidendi

The right to recover money or property under section 26(2) of FSMA does not extend to successors in title; it is limited to the original counterparty. The statutory language and structure, including section 28(8), indicate that recovery from successors in title is not contemplated. The Judge below erred in holding otherwise and in allowing the Orchards to raise a new argument on appeal without adequate protection for the appellant regarding costs.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed. The decision of the High Court is set aside.