“…f the Law of Property Act 1925. He also accepted (at [46]) that on the authority of the decision of the Supreme Court in Southern Pacific Mortgages Ltd v Scott [2015] AC 385 (“Southern Pacific”) a contractual purchaser (in this case, NEL) could not create rights of a proprietary character which would take priority over other intere…”
“…whom Lord Neuberger of Abbotsbury MR and Rix LJ agreed) at [58]. Although this decision was the subject of an appeal (see Mortgage Business plc v O'Shaughnessy [2015] AC 385), the argument based on section 24(b) of the Land Registration Act 2002 was not pursued and, therefore, was not addressed by the Supreme Court.…”