Important notice: All content on this page is drawn exclusively from filed court documents, filed witness statements, and skeleton arguments in proceedings LC-2024-134, LC-2024-149, LC-2024-150, LC-2024-706 and related appeals. These are the Applicants' allegations. They do not constitute findings of misconduct or judicial misbehaviour. Judge Sara Hargreaves is entitled to the presumption of having acted in good faith. The purpose of publication is to support open justice: the principle that judicial conduct in proceedings affecting property rights should be visible and capable of scrutiny.

9Alleged departures
0Fraud issues tried
0Escrow issues tried
0Reasons for debarral
4Titles registered mid-dispute
0Fact-findings made before negative comments

Background: What the FTT Was Asked to Decide

The Applicants brought objections to HM Land Registry applications to register legal charges and transfers over multiple properties including Venus Mews and 29 Watson Place. The objections raised, in express terms: forgery; composite deed (signature-page transplantation); escrow non-delivery; void instrument; pending High Court proceedings on the same instrument; and forensic expert evidence of document manipulation.

What the FTT's own guidance required The FTT Property Chamber's published guidance (including the Land Registration practice directions and the overriding objective in the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 Rule 3) requires the tribunal to deal with cases justly and fairly, including: ensuring parties can participate fully; identifying and dealing with issues proportionately; and avoiding unnecessary formality. Where live fraud allegations are on the record, the tribunal is not permitted to treat disputed instruments as valid before those issues are determined — to do so is to embed a potentially fraudulent instrument in the register while the challenge is live.

The Applicants allege that Judge Hargreaves did not apply that guidance. Instead — on the Applicants' filed case — the FTT used the Rule 9 disposal mechanism to close the objections as having "no reasonable prospect of success," directed HM Land Registry to proceed "as if no objection had been made," ordered immediate registrations before any appeal could be brought, repeated that approach when challenged, and then debarred the Applicant without giving reasons. The Upper Tribunal subsequently stayed the proceedings — which the Applicants say confirms the issues raised were not plainly hopeless.

The direction of every departure

In each of the nine departures below, the safeguard that was removed was one that could have protected the Applicant's property rights or allowed her fraud and escrow case to be tested. No departure assisted the Applicant. No departure required HNW or the registered proprietors to prove the instrument's provenance, delivery, or escrow release. The consistent direction is what the Applicants say transforms nine individual errors into a structural pattern.

Opinions Without Adjudication — The Blocked Route to Truth

The judge declined to fact-find. She did not try the fraud. She did not test the escrow. She did not order the originals. But she did form and express negative characterisations of Ms Lawrence's case — characterisations that are alleged to have been based solely on the judge's own reading of disputed documents, without disclosure, without cross-examination, and without the forensic testing that would have been the only legitimate basis for those conclusions.

Opinion substituted for adjudication

The Applicants allege a specific and serious procedural inversion: Judge Hargreaves refused to conduct the fact-finding that would have justified conclusions about Ms Lawrence's case — but made negative characterisations of that case anyway. The objections were labelled "hopeless," the issues characterised as a "waste of time," and the allegations treated as having "no substantial basis" — none of which followed from any examination of the forensic evidence, the escrow chronology, or the execution record. Those characterisations were therefore not judicial findings. They were opinions expressed from a position that had closed the route to the evidence on which any legitimate opinion would have to rest.

The legal principle is foundational: a judicial conclusion about a party's case requires that the party's evidence has been tested and the opposing evidence has been examined. A conclusion reached before that process — or in place of it — is not an adjudication. It is an assertion made from a position of procedural authority. When that assertion negatively characterises a BAME litigant's fraud allegations while simultaneously refusing to examine the forensic evidence that supports them, the Applicants say the result is something more corrosive than error: it is the use of judicial authority to disparage a case that the court has declined to hear.

The stamped Setfords cover letter establishing that charges were transmitted before the £1.6 million terms existed was before the tribunal. The Keith Borer forensic report — with its conclusion of "conclusive evidence" of signature-page transplantation — was before the tribunal. The objective chronological evidence that Ms Lawrence was abroad when the deed was said to be executed was before the tribunal. None of it was tested against originals. None of it produced a disclosure order. But all of it was, on the Applicants' case, characterised as insufficient — an assessment made without the examination that alone could justify it.

The binding principle — Serafin v Malkiewicz [2020] UKSC 23 The Supreme Court held that a judge who conducts proceedings in a manner that prevents a litigant from putting their case effectively departs from the judicial function — regardless of intention. Expressing negative views about a case that has not been tested, and whose route to evidential testing has been closed, is a more acute form of that departure: the judicial authority is used not to determine the case but to characterise it, from a position that has removed the means by which the characterisation could be answered.
The binding principle — Re Medicaments [2001] 1 WLR 700 / Porter v Magill [2002] 2 AC 357 The objective bias test asks whether a fair-minded and informed observer would conclude there was a real possibility of bias. An observer who saw a judge refuse to examine forensic evidence, close the disclosure route, direct immediate registration, and then characterise the litigant's fraud case as hopeless and a waste of time — all without the fact-finding that could support those characterisations — would have material to consider under the objective test. The characterisations do not become findings by being expressed with judicial authority.
The binding principle — English v Emery Reimbold [2002] EWCA Civ 605 A tribunal must decide the essential issues that are placed before it and explain why it has reached its conclusions. Characterising a case as hopeless is not a substitute for deciding the essential issues. The duty is to engage with the evidence and give reasons for conclusions that flow from that engagement — not to label the case and close it. Where the essential issues are fraud, escrow, and forensic integrity, a label of "hopeless" applied without examination of those issues is not a reason — it is a conclusion in search of the reasoning that was never done.

The full schedule of negative statements made by Judge Hargreaves — including the specific characterisations alleged to have been made without prior fact-finding and the procedural moment at which each was expressed — is documented in the filed record and available for scrutiny below. Open justice requires that judicial statements of this kind, made in proceedings affecting property rights, be visible. The characterisations are not protected from scrutiny by the authority of the person who expressed them. They are examined by asking a single question: what was the evidential basis for this conclusion at the point it was made?

↓ Download — Hargreaves Negative Statements (PDF)
1

Registrations allowed while live fraud allegations remained undetermined

Safeguard removed — Applicant

The Applicants had expressly raised, in their objection grounds and in the FTT statement of case, that the legal charges were void on grounds including forgery, composite deed, and escrow non-delivery. The forgery ground was specifically articulated as: "the signature to the Legal Charge is a forgery and as such the lender's power of sale has not arisen." The FTT was therefore on notice that the instruments whose registration was being sought were challenged as void — not merely voidable, not subject to a technical defence, but void from the outset.

The Applicants allege that Judge Hargreaves allowed the registration applications to proceed — and directed HMLR to proceed "as if no objection had been made" — without determining those allegations. By directing registration while the fraud allegations remained live, the judge embedded instruments the Applicants said were void into the register, hardening the very position the Applicants were in the process of challenging.

LRA 2002 s.58 and Schedule 4; Swift 1st Ltd v Chief Land Registrar [2015] Ch 602; NRAM v Evans [2017] EWCA Civ 1013Registration under s.58 may vest legal title by operation of statute, but that title is qualified: it remains subject to the statutory power to alter or rectify the register under Schedule 4 where a "mistake" has occurred. A forged or void disposition is not made honest or immune from correction merely because it has been registered — the remedy lies in alteration, and directing registration before the underlying forgery and escrow allegations are determined forecloses the very question on which the Schedule 4 jurisdiction depends
HMLR Practice Guide 39 / Practice Guide 19HM Land Registry's own guidance acknowledges that s.58 confers qualified indefeasibility only — registrations made on the basis of forged instruments remain alterable, and the Land Registry is expected to consider fraud allegations before completing applications where live objections are on the record
FTT Rules 2013, Rule 3The overriding objective requires the tribunal to deal with cases justly — including not prejudicing a party's substantive rights by procedural disposal before those rights are tested. Directing registration while fraud and escrow objections remain live and undetermined is inconsistent with that obligation
Mercury Tax Group Ltd v HMRC [2008] EWHC 2721Execution, delivery and integrity of a deed must be proved as an integrated act before the instrument can be relied upon for enforcement or registration; a forged or composite deed is not cured by being presented to the register
2

Rule 9 disposal used to close fraud and escrow issues without substantive engagement

Safeguard removed — Applicant

Rule 9 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 permits the tribunal to strike out a party's case if it has "no reasonable prospect of success." The Applicants allege that Judge Hargreaves applied Rule 9 to close the objections — using characterisations including "hopeless," "no substantial issues," and "waste of time" — without engaging with the substance of the fraud and escrow allegations, the expert material, or the objective indicators (including the Applicant being abroad when the deed was said to be signed).

The Rule 9 test requires a genuine assessment of whether there is a realistic prospect of success — which in a fraud case necessarily involves engaging with the evidence rather than dismissing it by label. The Applicants say the characterisations were substituted for that analysis. A properly particularised forgery allegation supported by forensic expert evidence and objective chronological indicators is not "hopeless" for the purposes of Rule 9. It requires a hearing, disclosure, and fact-finding.

FTT Rules 2013, Rule 9(3)(e)Strike-out is only available where the case has "no reasonable prospect of success" — this requires genuine engagement with the allegations, not dismissal by label. A forgery case supported by forensic expert evidence and objective chronological indicators cannot be characterised as hopeless without first explaining why the expert evidence does not establish a realistic prospect
Takhar v Gracefield [2019] UKSC 13A fraud case supported by independent evidence must be tried; it cannot be disposed of summarily because proof is incomplete — the absence of tested proof is not proof of absence, and the route to tested proof must be left open
Three Rivers DC v Bank of England [2003] 2 AC 1On a strike-out or summary disposal the applicant's case must be taken at its highest; the allegations and supporting evidence must be assumed capable of being proved at a substantive hearing
Mercury Tax Group Ltd v HMRC [2008] EWHC 2721; CPR 32.19 by analogy; FTT Rule 19Where authenticity, forgery, expert evidence and document provenance are live issues, the tribunal is required to engage with the evidence and explain why the challenge has no realistic prospect before closing it. A label of "hopeless" applied without examining the expert report, the execution chronology, or the escrow record is not a reasoned conclusion — it is a substitution for the analysis the rule requires
3

Escrow delivery issue not investigated — escrow argument treated as resolved without a finding

Safeguard removed — Applicant

The Applicants' statement of case expressly raised escrow non-delivery: the legal charges were transmitted to solicitors before the £1.6 million terms were created (stamped Setfords cover letter, 14–15 November 2018); the manuscript amendments creating those terms were made on 30 November 2018; no act of unconditional release for the materially different terms was identified; and the Applicant was abroad when the amended deed was allegedly executed. The objector's grounds as recorded by HMLR in the case summary for 29 Watson Place noted the charge "under which the Transfer is made is void" and that the Applicant "claims that she did not execute the Legal Charge."

A deed held in escrow for one set of terms is not automatically released for materially different terms. The question of what act released the charges — and whether that release was lawful for the £1.6 million structure — required fact-finding. The Applicants allege the FTT treated the escrow issue as if it had been resolved or was not substantial, without identifying where or by whom it had been determined.

Vincent v Premo Enterprises [1969] 2 QB 609A deed held in escrow does not take effect until the condition for unconditional delivery is met; delivery for materially different terms requires a fresh and identified release act
Mercury Tax Group Ltd v HMRC [2008] EWHC 2721Signature pages cannot be transplanted onto materially different documents; execution, delivery and integrity must be proved before an instrument can be enforced
LP(MP)A 1989, s.1A valid deed requires signing, witnessing and delivery as an integrated act. Delivery in escrow for one transaction does not constitute delivery for another
FTT Statement of Case, para 35–36The Applicant's case expressly pleaded that the charges were reliant on the invalid Agreement and therefore themselves invalid — a specific pleaded issue requiring determination, not disposal
4

Forensic expert evidence disregarded without engagement — no originals ordered

Safeguard removed — Applicant

Keith Borer Consultants (Ref: 95634-KC-141125) provided forensic evidence that the signature pages of the two HNW loan agreements are "both different-generation copies of the same 'master' version" — which is physically impossible if both signatures were made on separate occasions. This is not a disputed interpretation; it is forensic evidence characterised by the expert as "conclusive."

The Applicants allege that Judge Hargreaves proceeded to dispose of the objections without ordering disclosure of the original documents, without requiring HNW to produce originals for forensic inspection, and without engaging with the expert finding. In any document-tampering case where independent expert evidence establishes a prima facie case of composite construction, the correct procedural response is to order production of originals and fix a hearing. Disposal without that step means the expert evidence was disregarded rather than answered.

Mercury Tax Group Ltd v HMRC [2008] EWHC 2721; CPR 32.19 by analogy; FTT Rule 19Where authenticity and forgery are live issues, a party relying on a challenged document bears the burden of proving its integrity — that burden is not reversed onto the challenger. The tribunal was required to engage with the forensic expert evidence and explain why it did not establish a realistic prospect of success; proceeding to disposal without ordering originals for inspection is not a discharge of that duty
Takhar v Gracefield [2019] UKSC 13; Three Rivers DC v Bank of England [2003] 2 AC 1A forgery case supported by independent expert evidence must be taken at its highest on a strike-out application; the expert's conclusion of "conclusive evidence" of signature-page transplantation is precisely the kind of independent evidence that requires a hearing rather than a label
English v Emery Reimbold [2002] EWCA Civ 605; Flannery v Halifax [2000] 1 WLR 377The tribunal must decide the essential issues placed before it and give reasons that engage with the evidence. Where a forensic expert's conclusions are the central evidential matter, dismissal without engaging those conclusions is not a reasoned decision — it is a conclusion that substitutes for the analysis the duty requires
FTT Rules 2013, Rule 15 (disclosure); Rule 19 (expert evidence)The tribunal has express power to order disclosure of documents and to give directions about expert evidence. Where an independent forensic expert has provided a conclusion characterised as "conclusive," the failure to use Rule 15 to order production of originals and to engage with the expert evidence under Rule 19 before closing the case is an unexplained departure from the means by which the truth is found
5

Immediate registration ordered before the Applicant could appeal — appeal rights extinguished in advance

Safeguard removed — Applicant

Having used Rule 9 to close the objections, the Applicants allege that Judge Hargreaves directed HMLR to proceed "as if no objection had been made" — and that registrations were completed before the Applicant had any realistic opportunity to apply for a stay pending appeal. HMLR then pre-empted a further decision and registered a fourth disputed title without separate tribunal authority. The Upper Tribunal subsequently stayed the proceedings — which the Applicants say is itself recognition that the issues raised were not exhausted.

The practical effect was that the register was altered on the basis of instruments the Applicants were challenging as void, before the challenge could be tested, appealed, or stayed. Once registered, the new proprietors began to exert ownership, causing ongoing damage. The very evidence being assembled to challenge the registrations was disrupted by the consequences of the registrations themselves.

FTT Rules 2013, Rule 52An appeal to the Upper Tribunal requires permission. Where a case involves disputed fraud and live objections, directing immediate registration before an appeal can be brought removes the practical utility of the appeal right
Article 6 ECHR / HRA 1998, s.6The right of access to court includes an effective right of appeal. Directing registration in advance of the appeal window closes the effective remedy
A1P1 ECHRInterference with property rights must be lawful, proportionate and subject to effective challenge. Directing registration while challenge is live and before appeal fails those requirements
LRA 2002, Schedule 4, para 3Alteration of the register to correct a mistake must be against proprietors in possession only where it would not be unjust not to alter — a question that cannot be answered before the dispute is resolved
6

Error repeated when challenged rather than corrected — same departure applied twice

Safeguard removed — Applicant

The Applicants allege that when they raised the procedural error with the FTT — pointing out that live fraud and escrow allegations had been closed without determination — Judge Hargreaves did not correct the approach. Instead, the same method was applied to a further objection: fraud and delivery issues again characterised as having no reasonable prospect, and registration again directed. The Applicants say that repeating the same departure after it has been specifically challenged removes the possibility of characterising the first instance as inadvertent error.

The Upper Tribunal's subsequent stay of proceedings — acknowledging that the issues were live — is the institutional recognition that the repeated approach required review. But the repetition meant that by the time the Upper Tribunal intervened, multiple registrations had been completed and multiple properties had changed hands on the basis of instruments whose provenance had never been judicially determined.

Re Medicaments [2001] 1 WLR 700Where a decision-maker is informed of an apparent error and repeats it rather than correcting it, that repetition is relevant to whether the conduct can be characterised as neutral or inadvertent
English v Emery Reimbold [2002] EWCA Civ 605The duty to give reasons is heightened where a party specifically requests explanation of an adverse decision; silence or repetition on a second occasion without reasoning is a more serious departure
Natural justice — audi alteram partemWhere an error going to jurisdiction or natural justice is raised and the decision-maker proceeds without engaging with the objection, the resulting decision is amenable to challenge as one made without jurisdiction
FTT Rules 2013, Rule 51 — setting aside a decision disposing of proceedingsThe Tribunal may set aside and re-make a decision where it is in the interests of justice and the rule's conditions are met — including where an error of law has been identified. Choosing not to use that power after a specific and reasoned challenge has been made is an active decision, not a neutral omission, and it is that active decision which compounds the original departure
7

Overriding interest — actual occupation of BAME residential occupiers not investigated

Safeguard removed — Applicant

The properties affected included residential properties at Venus Mews CR4 and 29 Watson Place, which the Applicants say were in actual occupation. LRA 2002 Schedule 3 paragraph 2 confers an overriding interest on persons in actual occupation — meaning that their rights bind a purchaser or registered proprietor regardless of registration. The effect is that registration does not extinguish an overriding interest. If the FTT was aware of actual occupation, it was required to consider whether registration would bind or be subject to the occupiers' interests before directing that registrations proceed.

The Applicants allege the FTT did not investigate actual occupation, did not consider whether occupiers' interests would override the registered dispositions, and did not address whether the persons who were later removed by forced entry had legal protections that preceded and survived registration. This failure compounded the harm because the registrations themselves became the platform for the evictions that followed.

LRA 2002, Schedule 3, para 2A person in actual occupation holds an overriding interest. Registrations directed without investigating actual occupation may be directed in ignorance of a legal interest that overrides the registered disposition
Williams & Glyn's Bank v Boland [1981] AC 487Actual occupation as an overriding interest must be investigated before registration — a mortgagee or registered proprietor takes subject to it
PEA 1977, ss.1–3Residential occupiers cannot be evicted without a court order regardless of any registration. The FTT directing registration without considering occupation rights contributed to the conditions in which the alleged unlawful evictions occurred
Article 8 ECHR / HRA 1998, s.6The right to respect for home applies to residential occupiers. A public authority — including the FTT — directing registrations that facilitate removal from a home without considering Article 8 acts incompatibly with Convention rights
8

Debarment without reasons — despite repeated specific requests

Safeguard removed — Applicant

When the Applicant challenged the FTT's approach, the Applicants allege that Judge Hargreaves debarred the Applicant from the proceedings without providing any reasons — and that this occurred despite the Applicant specifically and repeatedly requesting the basis for the debarment decision. Debarment is one of the most serious procedural sanctions available in tribunal proceedings. It extinguishes the debarred party's ability to participate in the substantive hearing entirely. A debarment without reasons in those circumstances leaves the debarred party unable to understand the basis of the decision, unable to address the reason in any future application, and unable to assess whether an appeal has merit.

The Applicants characterise this as a culminating departure: having used Rule 9 to close the fraud issues, directed immediate registration, repeated the approach when challenged, and ignored actual occupation — the FTT then removed the Applicant's participation rights without explanation. At that point, the Applicant had no fraud trial, no escrow trial, no disclosure, no expert testing, no reasons for disposal, and no reasons for debarment.

English v Emery Reimbold & Strick [2002] EWCA Civ 605A court or tribunal must give reasons for decisions affecting a party's rights sufficient to enable the party to understand the basis of the decision and consider whether to appeal
Flannery v Halifax Estate Agencies [2000] 1 WLR 377The duty to give reasons is not satisfied by a bare conclusion; where a significant issue has been raised and a party has specifically requested reasons, a reasoned response is required
R (Iran) v SSHD [2005] EWCA Civ 982A debarment or strike-out without adequate reasons is susceptible to appeal or judicial review; the absence of reasons is itself an error of law
FTT Rules 2013, Rule 36 — decisions and reasonsThe Tribunal must give proper written reasons for its decisions, sufficient to allow the parties to understand the basis of the decision and consider whether to appeal. Rule 36 is the applicable rule for decisions and written reasons. A failure to provide reasons on specific and repeated request, for a decision as serious as debarment, is a procedural error capable of vitiating the decision and constitutes an error of law on appeal
9

Equal Treatment Bench Book provisions not applied — BAME LIP treated as procedurally equivalent to represented corporate lender

Safeguard removed — Applicant

The Applicant was a BAME litigant in person. HNW Lending Ltd was a corporate lender represented by specialist solicitors throughout. The Equal Treatment Bench Book, which applies to all courts and tribunals in England and Wales, requires that a litigant in person is not treated as procedurally equivalent to a legally represented party. Where a LIP has failed to articulate a point with technical precision, that failure carries less weight than it would for a represented party. The FTT is required to take reasonable steps to assist a LIP in understanding what is required and to ensure their participation is effective.

The Applicants allege that the FTT applied the Rule 9 "no reasonable prospect" test against a BAME LIP in a complex fraud, forgery and escrow case without any adjustment for the inequality of arms; treated the failure to fully particularise as a reason to close rather than as something to be assisted; and — when the LIP raised the procedural objection — responded with debarment rather than explanation. The consistent operation of every departure against the LIP and in favour of the represented corporate lender is the equality dimension the FTT guidance requires to be examined.

ETBB p.7 — LIP ≠ CounselA litigant in person is not comparable to a King's Counsel or specialist solicitor; technical failures by a LIP carry less weight and should prompt assistance, not disposal
ETBB p.14 — Case managementCase management hearings cannot become final merits determinations; using procedural machinery to close substantive fraud and escrow issues is impermissible
ETBB p.140 — Race and ethnicityInstitutional discrimination is detectable in process and outcome, not only language. Where every departure operates against the BAME party, the Macpherson lens requires explanation
Serafin v Malkiewicz [2020] UKSC 23A judge must not conduct proceedings in a way that excludes a litigant in person or prevents effective participation; conduct that achieves that result is a departure from the judicial function regardless of intention
Article 14 ECHR / HRA 1998, s.6Convention rights must be secured without discrimination. Procedural protection that is available in form but withheld in substance from a BAME LIP engages Article 14 in conjunction with Article 6 and A1P1
Macpherson Report (1999)Institutional racism is collective failure to provide appropriate professional service due to colour, culture or ethnic origin — it is detectable in process, outcome and the consistent direction of every decision

The direction question. Every one of the nine departures above operated against the BAME Applicant and in favour of the corporate lender. There is no documented departure that required HNW to prove provenance, escrow release, or execution. There is no departure that gave the Applicant additional time, assistance, or disclosure. There is no departure that recognised the forensic expert evidence as requiring engagement.

The Applicants do not allege that Judge Hargreaves acted with conscious racial motive. The question the Macpherson framework requires to be asked is objective: how is it possible that every safeguard designed to protect the BAME Applicant's property and participation rights was withheld, across nine documented instances, without any corrective movement in the other direction? That is the question open justice requires to be answered.

The institutional loop. The fraud and escrow issues were raised before the FTT and not determined. The Court of Appeal later proceeded on the premise that had escrow truly been raised before the FTT, the FTT would have determined it. The Applicants' case is that it was raised and not determined — and that this closed loop, where issues are raised but treated as determined elsewhere, is the structural mechanism by which lawful adjudication is replaced with procedural administration of a predetermined outcome.

The Rule-of-Law Question

Can a tribunal declare fraud "hopeless" without originals, disclosure, expert engagement, cross-examination, or a hearing — and call that adjudication? Can debarment without reasons satisfy the duty in English v Emery Reimbold? Can directions to register void instruments before appeal satisfy Article 6 and A1P1? Can these nine departures, all in the same direction, be explained as ordinary case management of a BAME LIP's property rights?

If the answer to any of those questions troubles you, this case needs scrutiny. Not to relitigate it — to ask whether the process it followed met the standard the rule of law requires. And to ask one further question: on what evidential basis did the judge characterise Ms Lawrence's fraud case as hopeless — at a point when the forensic evidence had not been examined, the originals had not been ordered, and the disclosure route had been closed?

Filed record — negative statements

The full schedule of negative characterisations alleged to have been made without prior fact-finding — with the procedural moment at which each was expressed — is publicly available for scrutiny.

↓ Download the negative statements schedule (PDF)
← Judicial conduct index Full media record →