Source: All England Reporter
Publisher Citation: [2012] All ER (D) 11 (Jun)
Neutral Citation: [2012] EWCA Civ 736
Court: Court of Appeal, Civil Division
Judge:

Arden, Longmore and Lewison LJJ
Representation James Pickering (instructed by Turner Parkinson LLP) for the claimant.
  Edward Francis (instructed by Edwin Coe LLP) for the defendant.
Judgment Dates: 31 May 2012

Catchwords

Land registration - Rectification of register - Correction of mistake - Defendant entering into legal charge with finance company - Legal charge being read in conjunction with facility agreement - Facility agreement having effect of granting power of sale upon execution of charge - Registration of charge failing to detail facility agreement - Claimant contending charge interpreted as being read with facility agreement - Claimant seeking registration as owner - Judge finding charge being read as varied by facility agreement - Judge granting claimant summary judgment - Defendant appealing - Whether judge erring.

The Case

Land registration Rectification of register. The Court of Appeal, Civil Division, allowing the defendant's appeal against an order for summary judgment, held that in the contextual scene of a charge intended to be completed by registration at the Land Registry under the the insertion of a missing clause ought to have been effected (if at all) by way of a properly pleaded and proved claim for rectification rather than by way of a claim of interpretation.

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