Advice on an Incident Concerning Land Registration Cathy and Len decide to take their two friends and their four
children on a holiday to Disneyland. Len is a qualified pilot so he
says he will fly them all there in a private jet. When the time comes
for take-off Len feels a little nervous so he and his friend Bill have
a few drinks to calm Len down. Bill knows that Len, who is a doctor,
can hold his drink and so is not worried about the effects the alcohol
may have on his ability to fly the plane. They set off in thick fog
but are given the ‘all-clear’ by Air Traffic Control. After flying for
some distance the fog gets worse and eventually they decide that they
must try and land the plane as it is not safe to continue. Len is
feeling rather drunk so he asks Bill to take the controls. Bill has
recently had a few flying lessons and says he is capable of attempting
the landing.
Unfortunately, things go wrong and the plane crashes. Bill is killed
outright and his wife, Susie, is knocked unconscious. Rachel, one of
the children, suffers an injury to her arm. Len knows that he should
help Susie so he shakes her violently in an attempt to wake her but to
no avail. Eventually someone calls an ambulance and the whole party is
transported to hospital. On arrival, Susie and Rachel are met by Dr.
Weaver, who is head of the Emergency Room. She is very concerned about
Susie so she tells a junior doctor, Abby, to tend to the rest of the
family. Abby looks at Rachel’s arm and decides it does not require any
treatment. None of the others have any no...
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...ts of Land and Appointment of trustee Act 1996 sch 1 para 1(1)
[2] Hypo-Mortgage Services Ltd v Robinson [1997] 2 FCR 422
[3] Trusts of Land and Appointment of trustee Act 1996, S. 6(5)
[4] Trusts of Land and Appointment of trustee Act 1996, s. 15
[5] Land Registration Act 1972, s 4(5)
[6] Midland Bank Trust Co Ltd v Green [1981] AC 513 (HL).
[7] Tulk v Moxhay (1843) 2 Ph 773
[8] Ibid 4
[9] Land Registration Act 1925, s 52(1)
[10] Page 159
[11] Hammond v Farrow [1904] 2 K.B. 332 1904 WL 12910
[12] Land Registration Act 2002 sch3 para 2
[13] Land Registration Act 2002, Sch 3, para 3
[14] Land Registration Act 2002 S.33
[15] Land Registration Act 2002 s.29 and Sch.3
[16] Land Registration Act 2002, Sch 3, para 2c(I)
[17] Land Registration Act 2002, Sch 3, para 2 (d)