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Tim Morshead

Tim Morshead QC

YEAR OF CALL 1995TMorshead@landmarkchambers.co.uk

Publications
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"Classic" property law and Chancery cases

  • Knights Construction (March) Limited v (1) Roberto Mac Limited (2) Chief Land Registrar [2011] EWLandRA 2009–1459. Tim was instructed by the Chief Land Registrar in this intervention before the Adjudicator the HM Land Registry in a test case to establish the scope of the jurisdiction to rectify the register for mistake under the Land Registration Act 2002.
  • Pick v Chief Land Registrar [2011] EWHC 206 (Ch). Another instruction from the Chief Land Registrar who this time argued successfully that title of a trustee in bankruptcy is void against a disponee of registered land unless the bankruptcy petition / order is protected at the date of disposition, even if the petition / order is protected at the date when the transfer to the disponee falls to be registered.
  • Clarke & Anor v Corless & Anor [2010] EWCA Civ 338, [2010] WTLR 751. Tim was instructed in this witness action in the High Court and in the appeal to the Court of Appeal by the successful Defendant about an alleged constructive trust under the Pallant v. Morgan doctrine.
  • Diep v Land Registry [2010] EWHC 3315 (Admin). Tim was instructed by the Chief Land Registrar in this case concerning the Registrar’s power to register with possessory rather than absolute title.
  • Capron v Governor of Turks and Caicos Islands (Privy Council, [2010] UKPC 2). Tim was instructed by the Governor and Government of Turks and Caicos Islands, who succeeded in the Privy Council in this appeal concerning an alleged contract for the sale of Crown land and alleged propriety estoppel.
  • Yeoman’s Row Management Limited v. Cobbe (House of Lords, [2008] 1 WLR 1752, with Nicholas Dowding, QC). Tim was instructed by the appellant in this successful appeal to the House of Lords. This is now one of the leading modern cases on proprietary estoppel, including its relationship with constructive trusts.
  • Chartbrook Limited v. Persimmon Homes Limited (House of Lords, [2009] EWHL 267; [2009] 3 WLR 267, with Robert Miles, QC). This case has clarified the law in several respects, including the rule in Prenn v. Simmonds excluding evidence of negotiations as an aid to interpretation and the basis on which the Court orders rectification.
  • Cain, Re Waverley Lodge [2009] UKUT 212 (LC). Tim appeared in the Lands Tribunal for the applicant under section 84 of the Law of Property Act 1925, who successfully obtained a modification of restrictive covenants to enable the construction of multiple dwelling-houses, without payment of any compensation to the objectors.
  • Seymour Road (Southampton) Ltd v Williams & Ors [2010] EWHC 111 (Ch). Tim obtained a declaration from the High Court under section 84 of the Law of Property Act 1925, indicating that development land had ceased to be affected by restrictive covenants.