Franks & Anor v Bedward & Anor

Franks & Anor v Bedward & Anor

The court has jurisdiction to order the reinstatement of a cancelled application for registration with its original priority date, but must exercise discretion to avoid prejudice to third parties who acquired interests during the period of cancellation. In this case, the appropriate order is to direct re-entry of the Franks' application in the day list with its original date, with liberty to affected third parties to apply to vary or set aside the order.

Parties
Applicant: Alexander Richard Franks; Applicant: Irene Kathleen Elizabeth Franks; Respondent: Roy Anthony Bedward; Respondent: Angela June Bedward; Interested Party: Chief Land Registrar; Amicus Curiae: Advocate to the Court
Jurisdiction
England and Wales
Judgment Date
13 July 2010
Procedural Posture
Application for Directions (land Registration/adverse Possession) / Post Appeal, Application for Reinstatement of Cancelled Registration Application
Outcome
Application allowed (directions to reinstate registration application with original priority, subject to third party rights)
Legal Topics
Adverse Possession, Land Registration, Appeals, Procedural Default, Priority of Interests
Land Law Civil Procedure Adverse Possession Land Registration Appeals Procedural Default Priority of Interests

Case Brief

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Parties

Alexander Richard Franks

Applicant

Irene Kathleen Elizabeth Franks

Applicant

Roy Anthony Bedward

Respondent

Angela June Bedward

Respondent

Chief Land Registrar

Interested Party

Advocate to the Court

Amicus Curiae

Procedural Posture

Application for Directions (land Registration/adverse Possession) / Post Appeal, Application for Reinstatement of Cancelled Registration Application

Legal Issues

  1. 1 Whether a cancelled application for registration of title can be reinstated with its original priority after a successful appeal
  2. 2 Whether reinstatement would prejudice third party interests registered during the period of cancellation
  3. 3 What powers the court has to direct the Registrar regarding the day list and priority dates

Ratio Decidendi

The court has jurisdiction to order the reinstatement of a cancelled application for registration with its original priority date, but must exercise discretion to avoid prejudice to third parties who acquired interests during the period of cancellation. In this case, the appropriate order is to direct re-entry of the Franks' application in the day list with its original date, with liberty to affected third parties to apply to vary or set aside the order.

Court Disposition

Application allowed (directions to reinstate registration application with original priority, subject to third party rights)

Orders

  • Registrar to re-enter the Franks' registration application in the day list with its original entry date of 18 April 2005
  • Liberty to apply granted to the two chargees and any third party aggrieved by the order