Dean v Dean and others
Dean v Dean and others
- 2000
- Property and Compensation Reports 80(5) 2000, 457-465(9) .
CA 15 June 2000. A property purchased by D was given to the care of a Gibraltar company. Subsequently the wife of D and others fraudulently had the property transferred to a different company. On discovering the fraud, D claimed damages against the defendants and also an indemnity from the Chief Land Registrar, the fifth defendant, under the Land Registration Act 1925 s83. The judge applied the 'but for' argument and decided that D had failed to take proper care of his property. The appeal was allowed as it was decided that the judge was wrong to have applied the 'but for' test in this case - it would not be sufficient for ascertaining whether the failures of D were the sole cause of his loss or whether the fraud was a contributory cause of the loss. Held, appeal allowed.
LAND REGISTRATION ACT 1925 S83
FRAUD
LAND REGISTRATION
Property management
INDEMNITY
CA 15 June 2000. A property purchased by D was given to the care of a Gibraltar company. Subsequently the wife of D and others fraudulently had the property transferred to a different company. On discovering the fraud, D claimed damages against the defendants and also an indemnity from the Chief Land Registrar, the fifth defendant, under the Land Registration Act 1925 s83. The judge applied the 'but for' argument and decided that D had failed to take proper care of his property. The appeal was allowed as it was decided that the judge was wrong to have applied the 'but for' test in this case - it would not be sufficient for ascertaining whether the failures of D were the sole cause of his loss or whether the fraud was a contributory cause of the loss. Held, appeal allowed.
LAND REGISTRATION ACT 1925 S83
FRAUD
LAND REGISTRATION
Property management
INDEMNITY