Chief Land Registrar v Caffrey & Co

Chief Land Registrar v Caffrey & Co

The defendant did not owe a duty of care in negligence to the bank, as the interests were opposed and no assumption of responsibility existed. However, on the assumed facts, the defendant owed a duty of care to the claimant in making representations to the Land Registry, knowing the claimant would rely on them. Default judgment is granted on the negligent misrepresentation claim.

Parties
Claimant: Chief Land Registrar; Defendant: Caffrey & Co
Jurisdiction
England and Wales
Judgment Date
03 February 2016
Procedural Posture
Civil / Judgment on Application for Default Judgment
Outcome
Default judgment granted in part; application for judgment in negligence refused; judgment granted for negligent misrepresentation with damages to be assessed.
Legal Topics
Negligence, Negligent Misrepresentation, Land Registration, Professional Duty of Care
Tort Property Law Negligence Negligent Misrepresentation Land Registration Professional Duty of Care

Case Brief

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Parties

Chief Land Registrar

Claimant

Caffrey & Co

Defendant

Procedural Posture

Civil / Judgment on Application for Default Judgment

Legal Issues

  1. 1 Whether the defendant owed a duty of care in negligence to the bank
  2. 2 Whether the defendant owed a duty of care to the claimant in making representations to the Land Registry

Ratio Decidendi

The defendant did not owe a duty of care in negligence to the bank, as the interests were opposed and no assumption of responsibility existed. However, on the assumed facts, the defendant owed a duty of care to the claimant in making representations to the Land Registry, knowing the claimant would rely on them. Default judgment is granted on the negligent misrepresentation claim.

Court Disposition

Default judgment granted in part; application for judgment in negligence refused; judgment granted for negligent misrepresentation with damages to be assessed.

Orders

  • Claimant to prepare and lodge an appropriate order for approval.
  • Damages to be assessed on the negligent misrepresentation claim.