*/
Land registration – Rectification of register. The proceedings concerned a dispute as to whether or not a loan advanced by the claimant's predecessor (the bank) to the defendants in 2005 was secured on their property (the property). The issue was whether a charge, securing a previous loan to the defendants, who were made bankrupt, was effective to secure the 2005 loan. The Chancery Division held that the charge, on its terms, was so effective to secure the 2005 loan on the property. The terms of the mortgage conditions, which applied to the charge, were sufficiently wide and clear to include the 2005 loan. On the defendants' bankruptcy, their estate vested in the Official Receiver as trustee, subject to the bank's charge. It was further held that the bank had made a distinct mistake in issuing form e-DS1 to the Land Registry, acknowledging that the property was no longer charged, in circumstances where the 2004 loan had been redeemed. Accordingly, it was entitled to be re-registered as proprietor of the charge which secured the 2005 loan.
Land registration – Rectification of register. The proceedings concerned a dispute as to whether or not a loan advanced by the claimant's predecessor (the bank) to the defendants in 2005 was secured on their property (the property). The issue was whether a charge, securing a previous loan to the defendants, who were made bankrupt, was effective to secure the 2005 loan. The Chancery Division held that the charge, on its terms, was so effective to secure the 2005 loan on the property. The terms of the mortgage conditions, which applied to the charge, were sufficiently wide and clear to include the 2005 loan. On the defendants' bankruptcy, their estate vested in the Official Receiver as trustee, subject to the bank's charge. It was further held that the bank had made a distinct mistake in issuing form e-DS1 to the Land Registry, acknowledging that the property was no longer charged, in circumstances where the 2004 loan had been redeemed. Accordingly, it was entitled to be re-registered as proprietor of the charge which secured the 2005 loan.
The Chair of the Bar reports back
Susie Griffin on the admin that keeps barristers from billable work
Clement Cowley, Partner at The Penny Group, explains how global events can influence the performance of pensions and ISAs, and why taking a long-term approach to investing is often the most effective strategy
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, discusses what family law professionals need to know about hallucinogens, from the main hallucinogenic drugs encountered in family proceedings, to their effects and the testing options available
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
By David Green
At the start of her term, Chair of the Bar 2026 Kirsty Brimelow KC set out a series of priorities for the year ahead. One of those priorities was children in the justice system
As the world becomes more digital, Barbara Vinagre Mota examines international research into the mental health consequences of judges’ exposure to graphic and immersive evidence, highlighting the importance of support systems
In an era of patient-centred care and growing concern over misconduct in medical settings, why do women still lack the right to choose women consultants for examination and treatment? Charles Davey investigates
Reviewed by Daniel Barnett
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC
