Source: All England Reporter
Publisher Citation: [2014] All ER (D) 100 (Feb)
Neutral Citation: [2014] EWHC 128 (Ch)
Court: Chancery Division, Manchester District Registry
Judge:

Judge Pelling QC (Sitting as a Judge of the High Court)

Representation Jonathan Allcock (instructed by Walker Morris) for the bank.
  The first and second Defendants appeared by their representative.
  B appeared in person.
  The remaining defendants did not appear and were not represented.
Judgment Dates: 31 January 2014

Catchwords

Land registration - Rectification of register - Circumstances justifying rectification - Bank lending money to defendants secured by charges- Charges being registered at land registry in respect of part of property - Charges purportedly being discharged from property - Whether common intention that proposed loan to be secured against first fixed legal charge against whole of property - Whether discharge of charges being procured by forgery - Land Registration Rules 2003, .

The Case

Land registration Rectification of register. The Chancery Division held that a bank was entitled to seek rectification of a deed where, on the facts, there had been a common continuing intention that a proposed loan would be secured against a first fixed legal charge against the whole of a property. A declaration was granted that the discharge of the charges against the titles constituting the property had been procured by a forged instrument.

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