Fitzwilliam v Richall Holdings Services Ltd

Fitzwilliam v Richall Holdings Services Ltd

Mr Fitzwilliam remained the beneficial owner of 100 Richmond Avenue despite Richall's registration as proprietor, as the transfer was effected by a forged power of attorney and thus void. The register must be altered to show Mr Fitzwilliam as proprietor. Richall is entitled to reimbursement for the sum used to redeem the mortgage, and must account for rent received less costs. The injunction granted on 3 June 2011 is set aside due to non-disclosure of material facts.

Parties
Claimant: Arthur Panayotis Fitzwilliam; Defendant: Richall Holdings Services Limited
Jurisdiction
England and Wales
Judgment Date
28 January 2013
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Claim allowed in part; register to be altered to show claimant as proprietor; injunction set aside.
Legal Topics
Rectification of Land Register, Fraudulent Transfer, Beneficial Ownership, Injunctions, Trusts
Property Law Equity Land Registration Rectification of Land Register Fraudulent Transfer Beneficial Ownership Injunctions Trusts

Case Brief

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Parties

Arthur Panayotis Fitzwilliam

Claimant

Richall Holdings Services Limited

Defendant

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Whether the claimant retained beneficial ownership of 100 Richmond Avenue despite registration of the defendant as proprietor
  2. 2 Whether the register should be altered to show the claimant as proprietor
  3. 3 Whether a void transfer constitutes a 'disposition' under the Land Registration Act 2002

Ratio Decidendi

Mr Fitzwilliam remained the beneficial owner of 100 Richmond Avenue despite Richall's registration as proprietor, as the transfer was effected by a forged power of attorney and thus void. The register must be altered to show Mr Fitzwilliam as proprietor. Richall is entitled to reimbursement for the sum used to redeem the mortgage, and must account for rent received less costs. The injunction granted on 3 June 2011 is set aside due to non-disclosure of material facts.

Court Disposition

Claim allowed in part; register to be altered to show claimant as proprietor; injunction set aside.

Orders

  • Register of 100 Richmond Avenue to be altered to show Arthur Panayotis Fitzwilliam as proprietor.
  • Arthur Panayotis Fitzwilliam to reimburse Richall Holdings Services Limited £274,370.98 for redemption of Manchester Building Society charge.