Antoine v Barclays Bank Plc & Ors

Antoine v Barclays Bank Plc & Ors

Registration of title and the Legal Charge pursuant to a court order, valid on its face at the time, is not a 'mistake' under the Land Registration Act 2002, even if the order was obtained by fraud. The register cannot be rectified to remove Barclays' Legal Charge. The Contested Documents were forgeries, but Mrs Taylor is not entitled to relief for unjust enrichment or renovation costs.

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
Civil (property/chancery) / Final Judgment After Trial of Joined Claims
Outcome
Claims by Mrs Taylor dismissed; application for rectification of the register and removal of Barclays' Legal Charge refused; direction for deletion of Unilateral Notice in favour of Mr Taylor.
Legal Topics
Forgery, Mistake in Land Register, Rectification of Register, Court Orders and Fraud, Unjust Enrichment, Legal Charges, Vesting Orders
Property Law Land Registration Equity and Trusts Forgery Mistake in Land Register Rectification of Register Court Orders and Fraud Unjust Enrichment +2 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

Civil (property/chancery) / Final Judgment After Trial of Joined Claims

Legal Issues

  1. 1 Whether the Contested Documents were forgeries
  2. 2 Whether registration of title pursuant to a court order obtained by fraud is a 'mistake' under the Land Registration Act 2002
  3. 3 Whether the register should be rectified to remove Barclays' Legal Charge

Ratio Decidendi

Registration of title and the Legal Charge pursuant to a court order, valid on its face at the time, is not a 'mistake' under the Land Registration Act 2002, even if the order was obtained by fraud. The register cannot be rectified to remove Barclays' Legal Charge. The Contested Documents were forgeries, but Mrs Taylor is not entitled to relief for unjust enrichment or renovation costs.

Court Disposition

Claims by Mrs Taylor dismissed; application for rectification of the register and removal of Barclays' Legal Charge refused; direction for deletion of Unilateral Notice in favour of Mr Taylor.

Orders

  • Dismissal of 2006 Claim (Mrs Taylor's claim)
  • Refusal to rectify the register to remove Barclays' Legal Charge