Bank of Scotland Plc v Greville Development Company (Midlands) Ltd & Ors

Bank of Scotland Plc v Greville Development Company (Midlands) Ltd & Ors

The court found that the parties’ true agreement was for a first legal charge over both property titles, the omission of one title from the Deed was a clerical error, HMLR’s alteration was valid under Rule 130(2)(a), the DS1 discharge was a forgery by Mr Blundell or at his direction, the signatures on the long leases were forgeries, and the settlement only covered a consumer complaint, not the entire debt.

Parties
Claimant: Bank of Scotland PLC; First Defendant: Greville Development Company (Midlands) Limited; Second Defendant: Cavalier Universal Limited; Third Defendant: David Andrew Blundell; Fourth Defendant: Guy Alexander Blundell; Fifth Defendant: Richard Andrew Blundell; Sixth Defendant: Sarah Helen Sharpe; Seventh Defendant: Jennifer Sutcliffe; Eighth Defendant: Arthur Sutcliffe; Ninth Defendant: Patrick James Mortimore Doherty; Tenth Defendant: Heide Doherty; Eleventh Defendant: The Governor and Company of the Bank of Ireland; Twelfth Defendant: UCB Home Loans Corporation Limited; Thirteenth Defendant: Santander UK PLC; Fourteenth Defendant: West One Loan Limited; Fifteenth Defendant: Chasewood Investments Limited; Sixteenth Defendant: Anthony Raymond Trowers
Jurisdiction
England and Wales
Judgment Date
31 January 2014
Procedural Posture
Civil / Judgment After Trial of Preliminary Issues
Outcome
Judgment for the Claimant on preliminary issues
Legal Topics
Rectification of Deeds, Forgery, Land Charges, Security for Loans, Settlement Agreements, Guarantees
Property Law Banking and Finance Law Fraud Land Registration Rectification of Deeds Forgery Land Charges Security for Loans +2 more

Case Brief

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Parties

Bank of Scotland PLC

Claimant

Greville Development Company (Midlands) Limited

First Defendant

Cavalier Universal Limited

Second Defendant

David Andrew Blundell

Third Defendant

Guy Alexander Blundell

Fourth Defendant

Richard Andrew Blundell

Fifth Defendant

Sarah Helen Sharpe

Sixth Defendant

Jennifer Sutcliffe

Seventh Defendant

Arthur Sutcliffe

Eighth Defendant

Patrick James Mortimore Doherty

Ninth Defendant

Heide Doherty

Tenth Defendant

The Governor and Company of the Bank of Ireland

Eleventh Defendant

UCB Home Loans Corporation Limited

Twelfth Defendant

Santander UK PLC

Thirteenth Defendant

West One Loan Limited

Fourteenth Defendant

Chasewood Investments Limited

Fifteenth Defendant

Anthony Raymond Trowers

Sixteenth Defendant

Procedural Posture

Civil / Judgment After Trial of Preliminary Issues

Legal Issues

  1. 1 Whether the Deed of Charge should be rectified to include both property titles
  2. 2 Whether the alteration of the Deed by HMLR was valid under Rule 130 of the Land Registration Rules 2003
  3. 3 Whether the discharge of the Charges was procured by forgery

Ratio Decidendi

The court found that the parties’ true agreement was for a first legal charge over both property titles, the omission of one title from the Deed was a clerical error, HMLR’s alteration was valid under Rule 130(2)(a), the DS1 discharge was a forgery by Mr Blundell or at his direction, the signatures on the long leases were forgeries, and the settlement only covered a consumer complaint, not the entire debt.

Court Disposition

Judgment for the Claimant on preliminary issues

Orders

  • Declaration that the Deed was validly altered by HMLR under Rule 130(2)(a)
  • Declaration that discharge of the Charges was procured by a forged instrument (second DS1)