Malory Enterprises Ltd v Cheshire Homes (UK) Ltd and others
Series: Weekly Law Reports ; [2002] 3 WLR 1-23 (23)Publication details: 2002Subject(s): Summary: CA 22 February 2002. Claimant (M)sought rectification of the register under the Land Registration Act 1925 s82(3) after a company of the same name dishonestly succeeded in procuring a new land certificate in its favour and then sold and transferred the land to defendant C who became registered proprietor in January 1999. C had carried out works on the land in July 1999 and was liable for trespass. HC had granted full rectificatiion to M with retrospective effect making C liable for trespass and confirming M as beneficial owner. C appealed accepting the rectification order but sought to avoid liability for trespass also claiming to be beneficial owner. "Held" Appeal dismissed. CA upheld M's right of possession as beneficial owner but ruled that there was no jurisdiction to order retrospective rectification.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS65766 (Browse shelf(Opens below)) | 1 | Available | 119165-1001 |
CA 22 February 2002. Claimant (M)sought rectification of the register under the Land Registration Act 1925 s82(3) after a company of the same name dishonestly succeeded in procuring a new land certificate in its favour and then sold and transferred the land to defendant C who became registered proprietor in January 1999. C had carried out works on the land in July 1999 and was liable for trespass. HC had granted full rectificatiion to M with retrospective effect making C liable for trespass and confirming M as beneficial owner. C appealed accepting the rectification order but sought to avoid liability for trespass also claiming to be beneficial owner. "Held" Appeal dismissed. CA upheld M's right of possession as beneficial owner but ruled that there was no jurisdiction to order retrospective rectification.