Patel v Freddy's Ltd & Ors

Patel v Freddy's Ltd & Ors

The First Defendant did not cause or substantially contribute to the mistaken registration by lack of proper care; therefore, rectification of the register must be refused.

Parties
Claimant: Ashokkumar Somabhai Patel; First Defendant: Freddy’s Limited; Second Defendant: The Chief Land Registrar; Third Party: Simon Finegold
Jurisdiction
England and Wales
Judgment Date
24 January 2017
Procedural Posture
Civil / Judgment
Outcome
Claim dismissed
Legal Topics
Rectification of Register, Indemnity, Covenants for Title, Fraud, Conveyancing Practice
Property Law Land Registration Rectification of Register Indemnity Covenants for Title Fraud Conveyancing Practice

Case Brief

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Parties

Ashokkumar Somabhai Patel

Claimant

Freddy’s Limited

First Defendant

The Chief Land Registrar

Second Defendant

Simon Finegold

Third Party

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the First Defendant caused or substantially contributed to the mistaken registration by lack of proper care
  2. 2 Whether rectification of the register should be ordered
  3. 3 Whether the First Defendant is entitled to indemnity from Land Registry

Ratio Decidendi

The First Defendant did not cause or substantially contribute to the mistaken registration by lack of proper care; therefore, rectification of the register must be refused.

Court Disposition

Claim dismissed