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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Bryant Homes Northern Ltd v Thompson [2002] EWCA Civ 1080 (25 July 2002) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2002/1080.html Cite as: [2002] EWCA Civ 1080 |
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM CHANCERY DIVISION
LEEDS DISTRICT REGISTRY
(His Honour Judge Langan QC)
Strand, London, WC2A 2LL | ||
B e f o r e :
LORD JUSTICE ROBERT WALKER
and
LADY JUSTICE ARDEN
____________________
Bryant Homes Northern Ltd | Respondent | |
- and - | ||
David Thompson | Appellant |
____________________
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
Mr McGhee (instructed by Eversheds) for the Respondent
____________________
AS APPROVED BY THE COURT
Crown Copyright ©
Lady Justice Arden :
“54 Cautions against dealings
(1) Any person interested under any unregistered instrument, or interested as a judgment creditor, or otherwise howsoever, in any land or charge registered in the name of any other person, may lodge a caution with the registrar to the effect that no dealing with such land or charge on the part of the proprietor is to be registered until notice has been served upon the cautioner:
Provided that a person whose estate, right, interest or claim has been registered or protected by a notice or restriction shall not be entitled (except with the consent of the registrar) to lodge a caution in respect of such estate, right, interest or claim.”
“If any person lodges a caution with the registrar without reasonable cause, he shall be liable to make to any person who may have sustained damage by the lodging of the caution such compensation as may be just ...”
“the prohibition would be one which could (I put the matters quite literally) be thoughtlessly overridden. Registered proprietors could be saddled with unjustified cautions and simultaneously deprived of their remedy for compensation almost on the nod. I do not believe that the legislation may properly be construed so as to produce this result.”
Accordingly, the judge decided the preliminary issue in favour of the respondent.
The appellant’s submissions
The respondent’s submissions
Conclusions
Lord Justice Robert Walker:
Lord Justice Auld: