Blemain Finance Ltd v Goulding

CA (Civ Div) (Rimer LJ) 17/12/2013 [2013] EWCA Civ 1630

Barrister: Guy Adams
Area of Law: Property and Real Estate and Insolvency
Summary: Bankrupts: legal charges: overriding interests: possession order: registered land: setting aside: title to land: effect of s.283-S.306 Insolvency Act: Insolvency Act 1986 s.284, s.283, s.306, s.283A, s.283A(5), s.58 : Land Registration Act 2002 s.23, s.29, s.86(5).

Guy appeared at first instance and on an application for permission to appeal, which resulted in a reserved judgment. The case, though raising very interesting legal issues as to the relationship between a trustee in bankruptcy’s unregistered title to land and the rights of a person who is registered as the proprietor of an estate in the land subsequent to the bankruptcy, was ultimately decided on the facts.