Mortgage Express v Lambert [2016]

Key Points of the Case:

• Overreaching Defence: Although the claimant (C) could rely on the overreaching defence, the courts discussed an alternative approach.

• Unreasonable Failure to Disclose: The case considered whether unreasonable failure to disclose rights under Schedule 3, Paragraph 2(b) of the Land Registration Act 2002 could impact the claimant’s ability to assert these rights.

• Lewison J’s Ruling: Judge Lewison noted that if an occupier fails to disclose their rights, they may be precluded from asserting them later. He stated, "If the occupier does not reveal her rights she cannot thereafter assert them."