Morelle Ltd v Wakeling [1955] EWCA Civ 1 (03 March 1955)

Morelle Ltd v Wakeling [1955] EWCA Civ 1 (03 March 1955)

The Court of Appeal is bound by its previous decision in Morelle Ltd. v. Waterworth, which held that leasehold interests acquired by a foreign corporation in mortmain are forfeited to the Crown, and registration under the Land Registration Act, 1925 does not confer a good title in contravention of the Mortmain Acts. The previous decision was not given per incuriam as no relevant statute or binding authority was overlooked.

Citation
[1955] EWCA Civ 1
Parties
Appellant: Morelle Ltd.; Respondents: Waterworth and others; Amicus Curiae: Attorney-General (Crown); Respondents: Mr Gardiner
Jurisdiction
England and Wales
Judgment Date
03 March 1955
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Mortmain, Foreign Corporations, Forfeiture, Registered Land, Stare Decisis
Property Law Company Law Land Registration Mortmain Foreign Corporations Forfeiture Registered Land Stare Decisis

Case Brief

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Parties

Morelle Ltd.

Appellant

Waterworth and others

Respondents

Attorney-General (Crown)

Amicus Curiae

Mr Gardiner

Respondents

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Mortmain and Charitable Uses Act, 1888 applies to leasehold interests held by foreign corporations
  2. 2 Whether registration under the Land Registration Act, 1925 confers a good title to a foreign corporation otherwise incapable of holding land in mortmain
  3. 3 Whether the previous Court of Appeal decision in Morelle Ltd. v. Waterworth was given per incuriam and can be reopened

Ratio Decidendi

The Court of Appeal is bound by its previous decision in Morelle Ltd. v. Waterworth, which held that leasehold interests acquired by a foreign corporation in mortmain are forfeited to the Crown, and registration under the Land Registration Act, 1925 does not confer a good title in contravention of the Mortmain Acts. The previous decision was not given per incuriam as no relevant statute or binding authority was overlooked.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs awarded to respondents as between party and party, taxed as between solicitor and client under the Schedule.
  • Leave to appeal granted.