| 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
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