Cheshire Homes (UK) Ltd has been given permission to bring before the House of Lords a complex legal dispute involving land purportedly sold to it in the wake of a property fraud.
The three law lords have given no reasons for their decision to allow the company to challenge a Court of Appeal ruling made in February 2002.
Cheshire Homes purchased a development site at Wilbraham Road, Fallowfield, Manchester, from a company that had fraudulently obtained a new land certificate in respect of the title. The High Court granted an order for rectification to the true owners, Malory Enterprises Ltd, and indicated that Cheshire Homes was liable in trespass.
The Court of Appeal dismissed Cheshire Homes’ challenge to the High Court order, holding that Malory had an overriding interest in the site (see [2] 10 EG 155 (CS)).
Cheshire Homes now seeks to overturn the dismissal. No date has been fixed for the hearing of the case.
PLS News 28/10/02
