Dhillon v Barclays Bank Plc & Anor [2019] EWHC 475 (Ch) (12 March 2019)

Dhillon v Barclays Bank Plc & Anor [2019] EWHC 475 (Ch) (12 March 2019)

The court found, on the balance of probabilities, that the claimant's signatures on both Transfer 1 and Transfer 2 were not genuine and not authorized, rendering both transfers void. Consequently, the entry of Barclays Bank's charge derived from the fraudulent transfer should be removed from the register. The proceedings were not an abuse of process, and the claimant's claim for rectification succeeds.

Citation
[2019] EWHC 475 (Ch)
Parties
Claimant: Simer Kaur Dhillon; First Defendant: Barclays Bank PLC; Second Defendant: Chief Land Registrar
Jurisdiction
England and Wales
Judgment Date
12 March 2019
Procedural Posture
Trial / Judgment
Outcome
Claim for rectification of the register allowed; Barclays Bank's charge to be removed.
Legal Topics
Rectification of Land Register, Forgery, Right to Buy, Abuse of Process, Indemnity Under Land Registration Act
Property Law Land Registration Trusts Fraud Rectification of Land Register Forgery Right to Buy Abuse of Process +1 more

Case Brief

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Parties

Simer Kaur Dhillon

Claimant

Barclays Bank PLC

First Defendant

Chief Land Registrar

Second Defendant

Procedural Posture

Trial / Judgment

Legal Issues

  1. 1 Whether the claimant's signature on property transfer documents was forged
  2. 2 Whether the register should be rectified to remove Barclays Bank's charge
  3. 3 Whether the proceedings constitute an abuse of process

Ratio Decidendi

The court found, on the balance of probabilities, that the claimant's signatures on both Transfer 1 and Transfer 2 were not genuine and not authorized, rendering both transfers void. Consequently, the entry of Barclays Bank's charge derived from the fraudulent transfer should be removed from the register. The proceedings were not an abuse of process, and the claimant's claim for rectification succeeds.

Court Disposition

Claim for rectification of the register allowed; Barclays Bank's charge to be removed.

Orders

  • The register maintained by the Chief Land Registrar for 47 Moresby Road, London E5 9LE shall be rectified by deleting the entry relating to the Barclays Bank charge.
  • Barclays Bank's counterclaim for subrogation dismissed.