Silkstone & Anor v Tatnall

Silkstone & Anor v Tatnall

The Adjudicator retains jurisdiction to determine the matter referred to him even after a party purports to withdraw their objection; withdrawal of the underlying objection is ineffective once the matter is before the Adjudicator. The Adjudicator's function is to determine the substantive rights unless there is full agreement between the parties.

Parties
Appellant: Leonard Stuart Silkstone; Appellant: Gary Greville Silkstone; First Respondent: Simon Derek Tatnall; Second Respondent: Chief Land Registrar
Jurisdiction
England and Wales
Judgment Date
02 July 2010
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Withdrawal of Objection, Jurisdiction of Adjudicator, Land Registration, Unilateral Notice, Right of Way
Land Law Civil Procedure Withdrawal of Objection Jurisdiction of Adjudicator Land Registration Unilateral Notice Right of Way

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Parties

Leonard Stuart Silkstone

Appellant

Gary Greville Silkstone

Appellant

Simon Derek Tatnall

First Respondent

Chief Land Registrar

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Adjudicator can refuse permission to withdraw from proceedings before him
  2. 2 Whether the Adjudicator retains jurisdiction to determine the merits after a party purports to withdraw their objection

Ratio Decidendi

The Adjudicator retains jurisdiction to determine the matter referred to him even after a party purports to withdraw their objection; withdrawal of the underlying objection is ineffective once the matter is before the Adjudicator. The Adjudicator's function is to determine the substantive rights unless there is full agreement between the parties.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Deputy Adjudicator's decision affirmed