The registration gap – another example of the pitfalls that can trap the unwary and lead to arguments

Scribes West Ltd v Relsa Anstalt and others [2004] EWCA Civ 1744

The question of the registration gap, the rights and potential liabilities of the parties in the period between transfer and registration, came up again recently in Scribes West Ltd v Relsa Anstalt and others [2004] EWCA Civ 1744, a decision of the Court of Appeal (LJJ Mummery, Rix and Carnwath) given on 20 December 2004. Mr John Cherryman QC and Mr Tom Weekes appeared for the appellant (Scribes). Ms Elizabeth Jones QC and Mr Andrew Bruce appeared for the first respondent (Relsa). The case raised the short but important point on the right to forfeit a lease of registered land in the period between the execution of a transfer of the reversion and its registration at HMLR. The case leapfrogged straight to the Court of Appeal because it raised an important point of principle or because there was some other compelling reason.