Ralph v Ralph [2021] EWCA Civ 1106 (22 July 2021)

Ralph v Ralph [2021] EWCA Civ 1106 (22 July 2021)

Rectification of the TR1 to remove the declaration of trust was refused because the trial judge found no continuing common intention or agreement between Dean and David as to beneficial ownership at the time of the transaction; the legal requirements for rectification, including a common intention and outward expression of accord, were not met.

Citation
[2021] EWCA Civ 1106
Parties
Claimant/appellant: Dean Ralph; Defendant/respondent: David Ralph
Jurisdiction
England and Wales
Judgment Date
22 July 2021
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Second Appeal
Outcome
Appeal allowed; claim for rectification of the TR1 dismissed.
Legal Topics
Rectification of Documents, Declarations of Trust, Common Intention Constructive Trusts, Beneficial Ownership of Property, Mistake in Legal Documents
Equity Property Law Rectification of Documents Declarations of Trust Common Intention Constructive Trusts Beneficial Ownership of Property Mistake in Legal Documents

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Parties

Dean Ralph

Claimant/appellant

David Ralph

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Second Appeal

Legal Issues

  1. 1 Whether a Land Registry transfer form (TR1) can be rectified to remove an express declaration of trust where there was no common intention or agreement between the transferees as to beneficial ownership
  2. 2 Whether rectification principles applicable to commercial contracts apply to family property transactions
  3. 3 Whether an outward expression of accord is required for rectification in this context

Ratio Decidendi

Rectification of the TR1 to remove the declaration of trust was refused because the trial judge found no continuing common intention or agreement between Dean and David as to beneficial ownership at the time of the transaction; the legal requirements for rectification, including a common intention and outward expression of accord, were not met.

Court Disposition

Appeal allowed; claim for rectification of the TR1 dismissed.

Orders

  • Refusal of rectification of the TR1 to remove the declaration of trust.
  • No order for partial rescission or constructive trust in favour of Dean Ralph.