Dougbar Properties Ltd v Registers Of Scotland Keeper [1999] ScotCS 43 (9 February 1999)

Dougbar Properties Ltd v Registers Of Scotland Keeper [1999] ScotCS 43 (9 February 1999)

The pursuers have made relevant averments of loss caused by rectification, as the removal of the right to use the Asda Car Park for parking constituted a material change to their registered title. Knowledge of the inaccuracy in the register does not, per se, amount to carelessness or preclude indemnity. The defender's averments do not establish on the face of the pleadings that the pursuers' loss was caused by their own carelessness. Proof before answer is allowed on the merits and quantum of loss.

Citation
[1999] ScotCS 43
Parties
Pursuer: Dougbar Properties Limited; Defender: Keeper of the Registers of Scotland
Jurisdiction
Scotland
Judgment Date
09 February 1999
Procedural Posture
Civil Indemnity Claim Under Land Registration Act / Debate on Relevancy and Dismissal; Interlocutory Judgment
Outcome
Proof before answer allowed on merits and quantum; defender's motion for dismissal refused.
Legal Topics
Rectification of Land Register, Indemnity for Loss Under Land Registration, Carelessness and Fraud in Land Registration, Effect of Knowledge of Inaccuracy in Register
Property Law Land Registration Rectification of Land Register Indemnity for Loss Under Land Registration Carelessness and Fraud in Land Registration Effect of Knowledge of Inaccuracy in Register

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Parties

Dougbar Properties Limited

Pursuer

Keeper of the Registers of Scotland

Defender

Procedural Posture

Civil Indemnity Claim Under Land Registration Act / Debate on Relevancy and Dismissal; Interlocutory Judgment

Legal Issues

  1. 1 Whether pursuers suffered loss as a result of rectification under section 9 of the Land Registration (Scotland) Act 1979
  2. 2 Whether knowledge of inaccuracy in the register by the pursuers precludes indemnity under section 12(3)(n)
  3. 3 Whether pursuers' actions constituted carelessness contributing to their loss under section 13(4)

Ratio Decidendi

The pursuers have made relevant averments of loss caused by rectification, as the removal of the right to use the Asda Car Park for parking constituted a material change to their registered title. Knowledge of the inaccuracy in the register does not, per se, amount to carelessness or preclude indemnity. The defender's averments do not establish on the face of the pleadings that the pursuers' loss was caused by their own carelessness. Proof before answer is allowed on the merits and quantum of loss.

Court Disposition

Proof before answer allowed on merits and quantum; defender's motion for dismissal refused.

Orders

  • Defender's first to fourth pleas-in-law repelled.
  • Proof before answer allowed on the whole case, except for conceded averments in Answer 8.