Antoine v Barclays Bank Plc & Ors [2018] EWHC 395 (Ch) (02 March 2018)

Antoine v Barclays Bank Plc & Ors [2018] EWHC 395 (Ch) (02 March 2018)

The Contested Documents were forgeries. The July 2007 Order and subsequent registration of Mr Taylor as proprietor were procured by fraud. However, the Registrar was bound to act on the court order and could not look behind it; thus, the registration was not a 'mistake' for which rectification could be ordered under the Land Registration Act 2002. The Legal Charge in favour of Barclays, entered while Mr Taylor was registered proprietor, was not a 'mistake' and cannot be removed. Mrs Taylor is not entitled to relief for unjust enrichment or renovation costs as there is no evidence of enrichment to Mr Antoine, and the claim is otherwise unsustainable.

Citation
[2018] EWHC 395 (Ch)
Parties
Claimant (2006 Claim) / Defendant (2016 Claim): Trevor Anthony Antoine; Defendant (2016 Claim): Barclays Bank PLC; Defendant (2016 Claim): The Chief Land Registrar; Defendant (2006 Claim) / Claimant (2016 Claim): Athena Ethel Taylor (as Personal Representative of George Taylor deceased)
Jurisdiction
England and Wales
Judgment Date
02 March 2018
Procedural Posture
Joined Civil Claims (property/land Registration) / High Court Trial Judgment
Outcome
2006 Claim dismissed; 2016 Claim for rectification/removal of Legal Charge dismissed; direction for deletion of Unilateral Notice in favour of Mrs Taylor.
Legal Topics
Forgery, Rectification of Register, Unjust Enrichment, Vesting Orders, Fraud on the Court, Land Registration Act 2002, Compensation for Renovation, Mortgage and Legal Charge, Subrogation
Property Law Land Registration Equity and Trusts Civil Procedure Forgery Rectification of Register Unjust Enrichment Vesting Orders +5 more

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Parties

Trevor Anthony Antoine

Claimant (2006 Claim) / Defendant (2016 Claim)

Barclays Bank PLC

Defendant (2016 Claim)

The Chief Land Registrar

Defendant (2016 Claim)

Athena Ethel Taylor (as Personal Representative of George Taylor deceased)

Defendant (2006 Claim) / Claimant (2016 Claim)

Procedural Posture

Joined Civil Claims (property/land Registration) / High Court Trial Judgment

Legal Issues

  1. 1 Whether the Contested Documents were forgeries
  2. 2 Whether Mrs Taylor is entitled to relief for unjust enrichment or renovation costs
  3. 3 Whether Mr Antoine is entitled to compensation for the legal charge or use/occupation

Ratio Decidendi

The Contested Documents were forgeries. The July 2007 Order and subsequent registration of Mr Taylor as proprietor were procured by fraud. However, the Registrar was bound to act on the court order and could not look behind it; thus, the registration was not a 'mistake' for which rectification could be ordered under the Land Registration Act 2002. The Legal Charge in favour of Barclays, entered while Mr Taylor was registered proprietor, was not a 'mistake' and cannot be removed. Mrs Taylor is not entitled to relief for unjust enrichment or renovation costs as there is no evidence of enrichment to Mr Antoine, and the claim is otherwise unsustainable.

Court Disposition

2006 Claim dismissed; 2016 Claim for rectification/removal of Legal Charge dismissed; direction for deletion of Unilateral Notice in favour of Mrs Taylor.

Orders

  • 2006 Claim dismissed in entirety; no relief to Mrs Taylor.
  • 2016 Claim for rectification/removal of Legal Charge dismissed.