|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 47 (Jan)|
Terence Mowschenson QC sitting as a deputy judge of the High Court
|Representation||John McGhee QC and Ciaran Keller (instructed by Linklaters LLP) for the claimant.|
|The defendant appeared in person.|
|Judgment Dates:||16 January 2008|
Land charge - Registration - Charged created by company - Defendant registered as proprietor of property - Defendant signing document for transfer of property to purchaser company - Transfer being registered and purchaser granting legal charge to claimant - Claimant applying for declarations allowing sale of property as chargee - Defendant alleging charge ineffective as transfer procured by fraud - Defendant alleging claimant should have been on notice as to fraud - Claimant applying for summary judgment - Whether defendant having real prospect of defending claim.