[2024] UKUT 14 (LC)

Fecha: 01-Ene-2024

Conclusions

The outcome of the appeal and the cross appeal

200.

The outcome of the appeal and the cross appeal is as follows:

(1)

The appeal is allowed, on Ground 1.

(2)

The cross appeal is dismissed.

201.

Given that the cross appeal is dismissed, my decision to allow the appeal on Ground 1 means that the Judge’s direction to the Chief Land Registrar, to give effect to the Application, cannot stand. The Respondents failed to satisfy the Reasonable Belief Condition. As such, the Application should, on this basis, have been cancelled.

202.

In these circumstances it seems to me that I must exercise my powers, under Section 12 of the Tribunals, Courts and Enforcement Act 2007, to set aside the Decision, and to re-make the Decision as a direction to the Chief Land Registrar to cancel the Application.

The Chamber President,

Mr Justice Edwin Johnson

23^rd January 2024

Right of appeal

Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal’s decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.