Advice on an Incident Concerning Land Registration Cathy and Len decide to take their two friends and their four
children on a holiday to Disneyland. Len is a qualified pilot so he
says he will fly them all there in a private jet. When the time comes
for take-off Len feels a little nervous so he and his friend Bill have
a few drinks to calm Len down. Bill knows that Len, who is a doctor,
can hold his drink and so is not worried about the effects the alcohol
may have on his ability to fly the plane. They set off in thick fog
but are given the ‘all-clear’ by Air Traffic Control. After flying for
some distance the fog gets worse and eventually they decide that they
must try and land the plane as it is not safe to continue. Len is
feeling rather drunk so he asks Bill to take the controls. Bill has
recently had a few flying lessons and says he is capable of attempting
Unfortunately, things go wrong and the plane crashes. Bill is killed
outright and his wife, Susie, is knocked unconscious. Rachel, one of
the children, suffers an injury to her arm. Len knows that he should
help Susie so he shakes her violently in an attempt to wake her but to
no avail. Eventually someone calls an ambulance and the whole party is
transported to hospital. On arrival, Susie and Rachel are met by Dr.
Weaver, who is head of the Emergency Room. She is very concerned about
Susie so she tells a junior doctor, Abby, to tend to the rest of the
family. Abby looks at Rachel’s arm and decides it does not require any
treatment. None of the others have any noticeable injuries but Abby
asks Dr. Weaver whether she wants to examine them herself. Dr. Weaver
is treating Susie so she tells Abby to do what she thinks best. Abby
decides to discharge them all. Dr. Weaver tells them before they leave
that Susie is in a coma from which it is unlikely she will recover.
Len has an immediate nervous breakdown on hearing this news.
Two weeks after discharge, Rachel’s arm starts to hurt so she visits
her G.P., Dr. Jim, who prescribes antibiotics. Three days later the
arm turns black and Dr. Jim sends her to see a consultant who decides
that the arm must be amputated. This is a disaster for Rachel because
she is an outstanding cello player and has just been awarded a
scholarship to study at the Royal Academy of Music. It is unclear
whether her arm could have been saved had Rachel been sent to see the
(a) Advise Alf whether these matter would be binding upon him if the
Elms Estate were conveyed to him.
Firstly, one must ascertain whether Alf will need to take the estate
subject to Deirdre’s beneficial interest. Under the Trusts of Land
and Appointment of trustee Act 1996, a purported...