“…otentially complex areas of land law going back over a century, together with a number of authorities, such as Malory Enterprises Ltd v Cheshire Homes (UK) Ltd [2002] Ch 216, which are regarded in some quarters as controversial. It would plainly be inappropriate for this court to embark on a detailed analysis of that case law when …”
“…hat case it is necessary to consider the earlier (and controversial) decision of this court in Malory Enterprises Ltd v Cheshire Homes Ltd [2002] EWCA Civ 151, [2002] Ch 216. In that case, the true owner was a company referred to as Malory BVI. Another company was dishonestly set up with the same name, and it procured a new land ce…”
“…“[93] In my judgment, the Malory case [2002] Ch 216 is not, when properly understood, against the claimant on this point. It was not a case on the effect of first registration nor was it a case of concurrent reg…”