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Practice guide 37: Objections and disputes, a guide to Land Registry practice and procedures

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Practice guide 37: Objections and disputes, a guide to Land Registry practice and procedures

5. The case summary

5. The case summary

If a dispute is referred to the tribunal it will be referred by way of a formal notice accompanied by a case summary. The purpose of the case summary is to give the tribunal brief details of the matter being referred, to enable it to decide 2 things. First, to decide who should be named as the applicant and who the respondent in the proceedings before the tribunal and, secondly to decide whether the case should be heard by the tribunal, or whether one of the parties (usually the party named as the applicant in the tribunal proceedings) should be directed to start court proceedings. Under the tribunal procedure rules, which set out the procedures that will apply once the matter has been referred, the parties may be given the opportunity to make representations to the tribunal should it consider that it would be appropriate to direct one of the parties to start court proceedings.

The case summary will incorporate (rule 3(2) of the Referral to the Tribunal Procedure rules) the:

  • names and addresses of the parties
  • details of any legal or other representatives
  • summary of the core facts
  • details of the application
  • details of the objection
  • a list of any copy documents attached
  • anything else the registrar considers to be appropriate

An example of a case summary is set out in the Appendix.

The parties will also be asked to provide a postal address within England and Wales for the purpose of communicating with the tribunal. This is requested as the parties may have given HM Land Registry an address outside the jurisdiction. (This is permitted by rule 198 of the Land Registration Rules 2003.) After it has been referred to the tribunal, further addresses may be provided in accordance with the tribunal procedure rules.

The registrar will send a copy of the case summary to the parties who will be given the opportunity to comment on it should they wish to do so (rule 3(1)(c) of the referral to the Land Registration division of the Property Chamber, First-tier Tribunal rules). The case summary will not set out the parties’ arguments or details of the evidence produced, but will be a brief summary of the relevant facts. The opportunity to comment will enable any factual errors to be corrected.

The registrar will consider any comments made and will make whatever amendments to the case summary they consider appropriate.

At the appropriate time, either:

(i) after the expiry of the 6-month negotiation period without agreement being reached, or

(ii) after 3 months of the negotiation period has elapsed and it is obvious that agreement will not be reached, or

(iii) if one of the parties requests that the matter is referred to the tribunal the registrar will then send a formal notice to the tribunal informing it that this case has been referred. The notice will be accompanied by the case summary (incorporating any amendments made by the registrar) and copies of any documents listed in the case summary. The parties will also be sent a formal notice informing them that the case has been referred, together with a copy of the case summary as sent to the tribunal. The parties will not receive copies of the documents as they will already have the originals or copies on their files.

The Land Registration division of the Property Chamber, First-tier Tribunal Office is run by the Tribunals Service and is not linked in any way to HM Land Registry. If the case is referred to the tribunal, any enquiries about progress or procedures should be directed to the tribunal rather than to HM Land Registry. HM Land Registry’s file will not be passed to the tribunal but will be retained pending the outcome of the proceedings before the tribunal.

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