OpenLegislation

Section 2 Determination of questions as to right to or amount of indemnity.

England and Wales

(1)

If any question arises as to whether a person is entitled to an indemnity under any provision of the Land Registration Act 1925 or as to the amount of any such indemnity, he may apply to the court to have that question determined.

(2)

Section 83(5)(c) of the Land Registration Act 1925 (by virtue of which no indemnity is payable under that Act on account of costs incurred in taking or defending any legal proceedings without the consent of the registrar) shall not apply to the costs of an application to the court under subsection (1) above or of any legal proceedings arising out of such an application; and as regards any such application or proceedings section 131 of that Act (which provides that the registrar, among others, shall not be liable to any action or proceeding for or in respect of anything done or omitted as there mentioned) shall not apply to the registrar.

(3)

On an application under subsection (1) above the court shall not order the applicant, even if unsuccessful, to pay any costs except his own unless it considers that the application was unreasonable.

F1(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

Nothing in this section shall be taken to preclude the registrar from settling by agreement claims for indemnity under the M1Land Registration Act 1925.

F2(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

S. 2(4) repealed (27.4.1997) by 1997 c. 22, ss. 4(2), 5(3), Sch. 2 Pt.II

F2

S. 2(6) repealed (8.11.1995) by 1995 c. 44, s. 1, Sch. 1 Pt. VI Group 1

Marginal citations

M1

1925 c. 21.

Notes on the whole Act

Textual amendments

F1

Act repealed (prosp.) by 2002 c. 9, ss. 135, 136(2), Sch. 13 (with s. 129, Sch. 12 para. 1)