England and Wales Case Law

Paul Allen & Anor v Sines Parks Holdings Limited

The Respondent's proprietary and contractual rights under the Transfer Agreement, Settlement Agreement, and Written Statements were overreached by the sale of the Sites by ICG as chargee. The Sale Agreement, when properly construed, did not preserve those rights against the Companies as lessees. The Respondent cannot rely on the Mobile Homes Act 1983 or personal contractual rights to defeat overreaching. The Applicants established a serious issue to be tried and sufficiently strong merits to justify interim injunctive relief, and the balance of convenience favours maintaining the status quo p…

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• Overreaching
• Interim injunctions
• Statutory moratoriums
• Specific performance
• Land registration
• Mobile homes act 1983

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Allen & Anor v Sines Parks Holdings Ltd

Allen & Anor v Sines Parks Holdings Ltd [2024] EWHC 327 (Ch) (19 February 2024)

The High Court granted interim injunctive relief in an insolvency dispute over mobile home park sites, holding the respondent’s claimed rights were overreached and not supported by the Mobile Homes Act 1983.

• Interim injunctions
• Overreaching
• Proprietary and contractual rights
• Mobile homes act 1983
• Land registration act 2002
• Law of property act 1925

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McLinden v Lu

McLinden v Lu [2022] EWHC 2807 (Ch) (21 November 2022)

The High Court discharged a 2011 charging order over Avarn Road after finding Fazal Khair Khan held the beneficial interest under an authentic 1996 trust.

• Beneficial ownership
• Charging orders
• Trusts
• Bankruptcy
• Abuse of process
• Declarations of trust

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Knight v Fernley & Anor

Knight v Fernley & Anor [2021] EWHC 1343 (Ch) (21 May 2021)

Appeal about whether an unregistered buyer’s interest in a property was overreached and whether the land register should be altered or rectified.

• Overriding interests
• Overreaching
• Rectification and alteration of land register
• Equitable interests
• Actual occupation
• Mistake in land registration

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Knight v Fernley & Anor

An appeal over a land title dispute failed on the pleaded case: the appellant’s equitable interest was overreached, and the transfer was not void for mistake.

• Overriding interests
• Overreaching
• Rectification of register
• Alteration of register
• Mistake in conveyancing
• Overriding-interests

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Williams & Anor v Simm & Ors

Williams & Anor v Simm & Ors [2021] EWHC 121 (Ch) (27 January 2021)

Summary judgment was granted upholding a legal charge over trust property, validating the receivers’ appointment, and rejecting trustee defences based on variation, estoppel, and beneficiary occupation.

• Enforcement of security
• Trustee liability
• Summary judgment
• Strike out applications
• Overreaching
• Variation of contract

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Williams & Anor v Simm & Ors

The court granted summary judgment declaring a legal charge valid and receivers properly appointed, rejecting trustee-liability, variation, estoppel, overreaching, and actual-occupation defences.

• Enforcement of legal charge
• Appointment of receivers
• Trustee liability
• Variation of contract
• Estoppel
• Overreaching

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N3 Living Ltd v Burgess Property Investments Ltd & Anor

The High Court held that the vendor’s proposed transfer mechanism was conventional and would allow completion despite a Form A restriction application.

• Vendor and purchaser summons
• Overreaching
• Land registration
• Trusts of land
• Restriction (form a)
• Completion of sale

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N3 Living Ltd v Burgess Property Investments Ltd & Anor

N3 Living Ltd v Burgess Property Investments Ltd & Anor [2020] EWHC 1711 (Ch) (02 July 2020)

The High Court held that the vendor’s proposed TR1 with an დამატitional trustee was a conventional way to deal with a Form A restriction, so the purchaser had to complete.

• Vendor and purchaser disputes
• Land registration
• Overreaching
• Trusts of land
• Restrictions on title
• Completion of sale

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Baker & Anor v Craggs (Rev 1)

Baker & Anor v Craggs (Rev 1) [2018] EWCA Civ 1126 (16 May 2018)

The Court of Appeal held that overreaching under the Law of Property Act 1925 did not apply to a grant of an easement, so the earlier purchaser’s equitable interest prevailed.

• Overreaching
• Easements
• Registered land
• Equitable interests
• Land registration
• Trusts of land

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