McPherson v Legal Services Commission

McPherson v Legal Services Commission

Mrs McPherson preserved her beneficial interest in Woodland Cottage by defending the possession proceedings and settling, thus the LSC is entitled to a statutory charge on her beneficial interest as at 30 January 2002, subject to the BM mortgage. The charge should be protected by a restriction, not by registration as a charge against the registered title.

Parties
Appellant/respondent: Maureen Linda McPherson; Respondent/applicant: Legal Services Commission
Jurisdiction
England and Wales
Judgment Date
24 November 2008
Procedural Posture
Appeal From Adjudicator to HM Land Registry / Judgment on Appeal
Outcome
Appeal allowed in part; Deputy Adjudicator's order varied
Legal Topics
Statutory Charge, Land Registration, Estoppel, Beneficial Interest, Mortgage Possession, Legal Aid Costs
Land Law Legal Aid Statutory Charge Land Registration Estoppel Beneficial Interest Mortgage Possession Legal Aid Costs

Case Brief

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Parties

Maureen Linda McPherson

Appellant/respondent

Legal Services Commission

Respondent/applicant

Procedural Posture

Appeal From Adjudicator to HM Land Registry / Judgment on Appeal

Legal Issues

  1. 1 Whether Mrs McPherson preserved property in the proceedings for purposes of a statutory charge under the Legal Aid Act 1988
  2. 2 Whether the statutory charge attaches to the net equity or the gross value of the property
  3. 3 Whether the LSC is estopped from asserting the statutory charge

Ratio Decidendi

Mrs McPherson preserved her beneficial interest in Woodland Cottage by defending the possession proceedings and settling, thus the LSC is entitled to a statutory charge on her beneficial interest as at 30 January 2002, subject to the BM mortgage. The charge should be protected by a restriction, not by registration as a charge against the registered title.

Court Disposition

Appeal allowed in part; Deputy Adjudicator's order varied

Orders

  • The charge registered against the registered title to be cancelled.
  • The LSC's interest to be protected by a restriction in Form JJ under the Land Registration Rules 2003.