Waugh v Emery

Bank – Legal charge. The appellant trustee of the Nelson Trust (W) had been one of the registered proprietors of a property, in respect of which a legal charge had been granted to a bank. The bank appointed receivers, who, acting under that legal charge, sold the property to the respondent (E). W appealed against an order of the First-tier Tribunal (Property Chamber), directing the Chief Land Registrar to register a transfer of the property to E. The Upper Tribunal (Tax and Chancery Chamber), in dismissing the appeal, held that the appointment of the receivers had been valid, and that the charge was valid, notwithstanding the bank's attempt to back-date it, or the fact that the charge appeared to be a copy of an earlier charge, and had not been made by the trustees. The UT held, in circumstances where E was eventually registered as proprietor of the property, that that registration was unassailable.

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