Potier, R (on the application of) v Land Registry

Potier, R (on the application of) v Land Registry

The claim is unarguable on the merits as any interest the claimant may have had was overreached and not protected by registration; the application is also refused due to excessive delay with no good reason for extension.

Source-derived case information.

Parties
Claimant: Potier; Defendant: Land Registry
Jurisdiction
England and Wales
Judgment Date
10 December 2015
Procedural Posture
Judicial Review / Renewed Application for Permission
Outcome
permission refused
Legal Topics
Land Registration, Life Tenancy, Judicial Review, Delay, Overreaching
Property Law Administrative Law Land Registration Life Tenancy Judicial Review Delay Overreaching

Source-derived case record

Summary, issues, holding and outcome

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Parties

Potier

Claimant

Land Registry

Defendant

Procedural Posture

Judicial Review / Renewed Application for Permission

Legal Issues

  1. 1 Whether the claimant is entitled to have a life tenancy registered over the property
  2. 2 Whether the application for judicial review was made within the required time limits
  3. 3 Whether any grounds exist for registering a restriction or notice in favour of the claimant

Ratio Decidendi

The claim is unarguable on the merits as any interest the claimant may have had was overreached and not protected by registration; the application is also refused due to excessive delay with no good reason for extension.

Court Disposition

permission refused

Orders

  • application for permission refused
  • no order for costs