Skelwith (Leisure) Ltd & Anor v Armstrong & Ors

Skelwith (Leisure) Ltd & Anor v Armstrong & Ors

Polar Holdings Limited, as equitable assignee of the Charge and mortgage debt, was entitled to exercise the statutory power of sale under section 101 and 106 of the Law of Property Act 1925, irrespective of registration or notice deficiencies, and the Sale Agreements could not be impugned on grounds pleaded by...

Source-derived case information.

Parties
Claimant: Skelwith (Leisure) Limited; Claimant: Paul Ellis; Claimant: Darren Broadbent; Defendant: Alan Armstrong; Defendant: Margaret Armstrong; Defendant: Brian Mattocks; Defendant: Simon Armstrong; Defendant: Richard Armstrong; Defendant: Polar Holdings Limited; Defendant: Flaxby Park Limited
Jurisdiction
England and Wales
Judgment Date
08 October 2015
Procedural Posture
Civil / Summary Judgment and Strike Out Applications
Outcome
Claimants' application for summary judgment and strike out dismissed; paragraph 31 of particulars of claim struck out; proceedings against Flaxby Park Limited dismissed unless claimants amend particulars of claim.
Legal Topics
Statutory Power of Sale, Assignment of Charge, Land Registration Act 2002, Law of Property Act 1925, Powers of Attorney, Equitable Vs Legal Ownership
Property Law Mortgage Law Statutory Power of Sale Assignment of Charge Land Registration Act 2002 Law of Property Act 1925 Powers of Attorney Equitable Vs Legal Ownership

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Summary, issues, holding and outcome

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Parties

Skelwith (Leisure) Limited

Claimant

Paul Ellis

Claimant

Darren Broadbent

Claimant

Alan Armstrong

Defendant

Margaret Armstrong

Defendant

Brian Mattocks

Defendant

Simon Armstrong

Defendant

Richard Armstrong

Defendant

Polar Holdings Limited

Defendant

Flaxby Park Limited

Defendant

Procedural Posture

Civil / Summary Judgment and Strike Out Applications

Legal Issues

  1. 1 Whether Polar Holdings Limited had power to sell the property under the Charge without being registered as proprietor
  2. 2 Whether assignment of the mortgage debt and charge to Polar was effective at law or equity
  3. 3 Whether deficiencies in notice of assignment affected Polar's power to sell

Ratio Decidendi

Polar Holdings Limited, as equitable assignee of the Charge and mortgage debt, was entitled to exercise the statutory power of sale under section 101 and 106 of the Law of Property Act 1925, irrespective of registration or notice deficiencies, and the Sale Agreements could not be impugned on grounds pleaded by claimants.

Court Disposition

Claimants' application for summary judgment and strike out dismissed; paragraph 31 of particulars of claim struck out; proceedings against Flaxby Park Limited dismissed unless claimants amend particulars of claim.

Orders

  • Paragraph 31 of particulars of claim struck out
  • Claimants' application for summary judgment and strike out dismissed