Source: All England Reporter
Publisher Citation: [2001] All ER (D) 105 (Apr)
Court: Court of Appeal, Civil Division
Judge:

Pill, Tuckey LJJ and Sir Christopher Slade
Representation Jonathan Rayner James QC (instructed by Courtney van der Borgh Shah) for the claimant.
  James Bonney QC and Rupert D'Cruz (instructed by Gandecha & Pau) for the defendants.
Judgment Dates: 10 April 2001

Catchwords

Estoppel - Deed - Attestation of signature - Defendants contesting validity of deed because signatures not attested in their presence in accordance with statutory requirement - Whether estoppel operating - Law of Property (Miscellaneous Provisions) 1989, s 1.

The Case

Where the court was deciding whether to permit an estoppel in the face of statutory provisions, the court was entitled to consider the particular statutory provision, its purpose and the social policy behind it. On the facts, there was no statutory intention to exclude the operation of an estoppel in the circumstances of the instant case where the defendants contested the validity of the deed because their signatures had not been attested in their presence.

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