Lesley Anderson QC and Daniel Gatty will appear in the Supreme Court in early March in the case of Scott v Southern Pacific Mortgages Ltd, In the Matter of the North East Property Buyers Litigation – a test case concerning priorities in registered land arising out of sale and rent back transactions.
The case is an appeal from the decision of the Court of Appeal in The Mortgage Business plc v O'Shaughnessy and other cases, In the Matter of the NEPB Litigation  EWCA Civ 17  1 WLR 1521 in which Daniel appeared and was successful, as he did and was in the High Court where the case was known as in In the Matter of the North East Property Buyers Litigation  EWHC 2991 (Ch).
The case involves a consideration of the well-known House of Lords case, Abbey National v Cann and of overriding interests under the Land Registration Act 2002. There are many cases on similar facts up and down the county stayed awaiting the outcome of the appeal.
Please note that we do not give legal advice on individual cases which may relate to this content other than by way of formal instruction of a member of Hardwicke. However if you have any other queries about this content please contact: