Source: All England Reporter
Publisher Citation: [2008] All ER (D) 47 (Jan)
Court: Chancery Division
Judge:

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

Catchwords

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.

The Case

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.