First National Bank Of Southern Africa Ltd & Ors v McStay & Anor [1999] ScotCS 50 (17 February 1999)

First National Bank Of Southern Africa Ltd & Ors v McStay & Anor [1999] ScotCS 50 (17 February 1999)

Rectification of the Land Register under the 1979 Act does not operate retrospectively except where expressly provided; therefore, acts by registered proprietors that were lawful at the time cannot be converted into actionable wrongs by subsequent rectification, and the pursuers' damages claim is irrelevant and dismissed.

Citation
[1999] ScotCS 50
Parties
Pursuer: First National Bank of Southern Africa Limited & Others, Executors and Administrators of the late James Stevenson-Hamilton; Defender: Lynn De-Courcy McStay; Defender: John McStay
Jurisdiction
Scotland
Judgment Date
17 February 1999
Procedural Posture
Civil / Procedure Roll (pleading Debate)
Outcome
Defenders' first plea-in-law sustained in relation to damages claim; probation refused for averments in Article 7 of Condescendence; claim for payment in Conclusion 5 dismissed.
Legal Topics
Rectification of Land Register, Fraud and Carelessness in Registration, Damages for Property Interference, Retrospective Effect of Rectification
Property Law Land Registration Rectification of Land Register Fraud and Carelessness in Registration Damages for Property Interference Retrospective Effect of Rectification

Case Brief

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Parties

First National Bank of Southern Africa Limited & Others, Executors and Administrators of the late James Stevenson-Hamilton

Pursuer

Lynn De-Courcy McStay

Defender

John McStay

Defender

Procedural Posture

Civil / Procedure Roll (pleading Debate)

Legal Issues

  1. 1 Whether rectification of the Land Register under the Land Registration (Scotland) Act 1979 operates retrospectively
  2. 2 Whether damages can be claimed for acts committed while defenders held registered title if rectification is later granted

Ratio Decidendi

Rectification of the Land Register under the 1979 Act does not operate retrospectively except where expressly provided; therefore, acts by registered proprietors that were lawful at the time cannot be converted into actionable wrongs by subsequent rectification, and the pursuers' damages claim is irrelevant and dismissed.

Court Disposition

Defenders' first plea-in-law sustained in relation to damages claim; probation refused for averments in Article 7 of Condescendence; claim for payment in Conclusion 5 dismissed.

Orders

  • Dismissal of pursuers' claim for payment (damages) in Conclusion 5
  • Refusal of probation to averments in Article 7 of Condescendence