|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 224 (Jan)|
Sir Donald Rattee
|Representation||Stephen Moverley Smith (instructed by Pinsent Curtis Biddle, Birmingham) for the claimant.|
|Vivian Chapman (instructed by Jerrard Saunders Donn) for the defendants.|
|Judgment Dates:||25 January 2002|
Deed - Rectification - Deed of commutation - Third defendant owning certain properties - Claimant taking charge over properties to secure indebtedness of defendants - Parties executing deed of commutation - Defendants subsequently discharging their liabilities by payment of certain sums to claimant - Claimant refusing to release charges over two properties - Third defendant obtaining declaration from master that properties be released from charges - Court of Appeal subsequently upholding master's order - Claimant seeking rectification of deed of commutation - Defendants seeking to strike out claimant's application as abuse of process - Whether claimant's application should be struck out.