Source: All England Reporter
Publisher Citation: [2002] All ER (D) 186 (Mar)
Court: Chancery Division
Judge:

Lightman J

Representation Simon Brown-Wilkinson QC and Elizabeth Weaver (instructed by Fladgate Fielder) for the claimant.
  The first defendant did not appear and was not represented.
  Mark Cunningham QC (instructed by the Treasury Solicitor) for the second defendant.
Judgment Dates: 13 March 2002

Catchwords

Land registration - Search - Mistake by Land Registry - Part of property acquired by claimant already registered - Filed plan and search certificate issued by Land Registry failing to disclose registration - Whether claimant entitled to indemnity in respect of losses suffered as a result of errors of Land Registry - s 83.

The Case

On an application for an indemnity against the second defendant, the Chief Land Registrar, for loss alleged to have resulted from the failure of the Registrar to disclose the registration of property in a search certificate, the court held that although the claimant was prima facie entitled to an indemnity under s83(3) of the in respect of the errors in the certificate, that indemnity would be reduced by 10% to take account of the lack of proper care by the claimant.

Practice Areas

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