| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 251 (May) |
| Neutral Citation: | [2004] EWHC 1138 (Ch) |
| Court: | Chancery Division |
| Judge: | Keith J |
| Representation | Jonathan Russen (instructed by Shammah Nicholls) for the claimant. |
| Helene Pines Richman (instructed by McArdles) for the defendant. | |
| Judgment Dates: | 18 May 2004 |
Catchwords
Land charges - Caution - Registration - Entitlement to register - Claimant chargee seeking vacation of caution - Defendant alleging existence of overriding beneficial interest in land - Application for summary judgment - s 70(1).
The Case
In proceedings in which the claimant sought the vacation of a unilateral notice which the defendant had caused to be entered on the charges register in respect of a property over which there was a charge in the claimant's favour, the court ruled that the defendant had no real prospect of successfully defending the proceedings. Accordingly, summary judgment would be entered against the defendant and the unilateral notice vacated.
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