MRS Hamilton Ltd v Registers Of Scotland Keeper [1998] ScotCS 7 (18 June 1998)

MRS Hamilton Ltd v Registers Of Scotland Keeper [1998] ScotCS 7 (18 June 1998)

The pursuer's averments that it has suffered loss as a result of the Keeper's refusal to rectify the register are relevant for inquiry. Loss includes deprivation of rights that would have been available under the Sasine system. Claims for indemnity under section 12(1) are assignable and not subject to the short negative prescription. Careless omission by predecessors may exclude or reduce indemnity only if causally linked to the loss. Certain averments by the defender regarding carelessness and knowledge are irrelevant and excluded from probation; others are allowed to proceed to proof.

Citation
[1998] ScotCS 7
Parties
Pursuer: M. R. S. Hamilton Limited; Defender: The Keeper of the Registers of Scotland
Jurisdiction
Scotland
Judgment Date
18 June 1998
Procedural Posture
Civil Indemnity Claim Under Land Registration Statute / Interlocutory Judgment on Relevancy and Legal Issues Before Proof
Outcome
Pursuer's averments on direct loss allowed to proceed to proof; certain defender's averments excluded from probation; alternative claims and other issues reserved for proof.
Legal Topics
Indemnity for Registration Errors, Rectification of Land Register, Assignability of Statutory Claims, Prescription of Statutory Obligations, Careless Omission and Exclusion/reduction of Indemnity, Personal Bar (estoppel)
Property Law Land Registration Statutory Indemnity Indemnity for Registration Errors Rectification of Land Register Assignability of Statutory Claims Prescription of Statutory Obligations Careless Omission and Exclusion/reduction of Indemnity +1 more

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Parties

M. R. S. Hamilton Limited

Pursuer

The Keeper of the Registers of Scotland

Defender

Procedural Posture

Civil Indemnity Claim Under Land Registration Statute / Interlocutory Judgment on Relevancy and Legal Issues Before Proof

Legal Issues

  1. 1 Whether the pursuer has relevantly averred loss as a result of the Keeper's refusal to rectify the register under section 12(1)(b) of the Land Registration (Scotland) Act 1979
  2. 2 Whether a claim for indemnity under section 12(1) is assignable
  3. 3 Whether any claim by the pursuer as assignee is prescribed under the Prescription and Limitation (Scotland) Act 1973

Ratio Decidendi

The pursuer's averments that it has suffered loss as a result of the Keeper's refusal to rectify the register are relevant for inquiry. Loss includes deprivation of rights that would have been available under the Sasine system. Claims for indemnity under section 12(1) are assignable and not subject to the short negative prescription. Careless omission by predecessors may exclude or reduce indemnity only if causally linked to the loss. Certain averments by the defender regarding carelessness and knowledge are irrelevant and excluded from probation; others are allowed to proceed to proof.

Court Disposition

Pursuer's averments on direct loss allowed to proceed to proof; certain defender's averments excluded from probation; alternative claims and other issues reserved for proof.

Orders

  • Allow proof before answer on the pursuer's primary claim for indemnity under section 12(1)(b)
  • Exclude from probation certain averments by the defender regarding carelessness and knowledge