This case concerned the current live issue of whether the court has jurisdiction under schedule 4 of the Land Registration Act 2002 to rectify the register where the signature of the registered proprietor has been forged on a legal charge, the property has then been sold by the mortgagee, and the purchaser is registered as proprietor in place of the original proprietor. The purchaser conceded the issue and then sought to renege on its concession, but was finally held at the trial to be estopped from doing so.
Alan Boyle QC and Nicholas Asprey acted for the claimant. The Chief Land Registrar asked to be joined, and following advice from counsel agreed, contrary to the view set out in Ruoff & Roper on Registered Conveyancing, that the court does have jurisdiction. The case then went to trial on the exercise of discretion.