Source: All England Reporter
Publisher Citation: [2017] All ER (D) 144 (Jul)
Neutral Citation: [2017] EWCA Civ 1013
Court: Court of Appeal, Civil Division

Kitchin, David Richards and Henderson LJJ

Representation Nicole Sandells (instructed by Walker Morris LLP) for the claimant.
  The defendants appeared in person.
  Nicholas Trompeter (instructed by the Government Legal Department) for the Registrar, as intervenor.
Judgment Dates: 19 July 2017


Land registration - Rectification of register - Correction of mistake

The Case

Land registration Rectification of register. The alteration of the register to reflect the setting aside of a discharge of a charge constituted bringing the register up to date, making it unnecessary for the claimant to establish that the alteration had not affected the defendants' title to the property, that they by fraud or lack of proper care had caused or substantially contributed to the mistake, or that it would have been unjust not to make the alteration. Accordingly, the Court of Appeal, Civil Division, partially allowed the claimant's appeal.

Practice Areas

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