Halifax Plc & Anor v Curry Popeck (A Firm) & Anor

Halifax Plc & Anor v Curry Popeck (A Firm) & Anor

The Bank of Scotland failed to prove that the transfer to John Whale was for valuable consideration. The evidence showed the transaction was part of a fraudulent enterprise, rendering the concept of consideration meaningless. Therefore, section 29 of the Land Registration Act 2002 did not apply, and the general rule...

Source-derived case information.

Parties
Claimant: Halifax PLC; Claimant: Bank of Scotland; Defendant: Curry Popeck (A Firm); Defendant: Pulvers (A Firm)
Jurisdiction
England and Wales
Judgment Date
18 June 2008
Procedural Posture
Civil / Judgment
Outcome
Judgment for Halifax (Claimant)
Legal Topics
Mortgage Fraud, Proprietary Estoppel, Equitable Charges, Priority of Interests, Professional Negligence
Property Law Land Registration Equity Mortgage Fraud Proprietary Estoppel Equitable Charges Priority of Interests Professional Negligence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Halifax PLC

Claimant

Bank of Scotland

Claimant

Curry Popeck (A Firm)

Defendant

Pulvers (A Firm)

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Halifax's proprietary estoppel interest has priority over Bank of Scotland's equitable charge under a charging order in the proceeds of sale of the bungalow.
  2. 2 Whether the transfer to John Whale was for valuable consideration, thereby engaging section 29 of the Land Registration Act 2002 and affecting priorities.
  3. 3 Whether the conduct of the parties and the fraudulent context affect the application of the priority rules under the Land Registration Act 2002.

Ratio Decidendi

The Bank of Scotland failed to prove that the transfer to John Whale was for valuable consideration. The evidence showed the transaction was part of a fraudulent enterprise, rendering the concept of consideration meaningless. Therefore, section 29 of the Land Registration Act 2002 did not apply, and the general rule in section 28 applied, giving priority to Halifax's proprietary estoppel interest over the Bank of Scotland's equitable charge.

Court Disposition

Judgment for Halifax (Claimant)

Orders

  • Halifax's proprietary estoppel interest has priority over the Bank of Scotland's equitable charge in the proceeds of sale of the bungalow.
  • Directions for distribution of the fund in accordance with this priority.