Clydesdale Bank Plc v Weston Property Company Ltd [2011] EWHC 1251 (Ch) (14 April 2011)

Clydesdale Bank Plc v Weston Property Company Ltd [2011] EWHC 1251 (Ch) (14 April 2011)

There was a clear and common intention that the mortgage should secure the liabilities of Charlotte Partnership Homes Ltd, and the omission of its name in the mortgage and registered particulars was a mistake. The court is satisfied that rectification is justified and orders the correction of the registered particulars under section 873 of the Companies Act 2006.

Citation
[2011] EWHC 1251 (Ch)
Parties
Applicant/claimant: Clydesdale Bank PLC; Respondent/defendant: Weston Property Company Limited
Jurisdiction
England and Wales
Judgment Date
14 April 2011
Procedural Posture
Part 8 Application (chancery Division) / Judgment on Application for Declarations and Rectification
Outcome
Application granted
Legal Topics
Rectification of Instruments, Construction of Legal Documents, Registration of Charges, Mistake in Legal Documents
Property Law Company Law Equity Rectification of Instruments Construction of Legal Documents Registration of Charges Mistake in Legal Documents

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Parties

Clydesdale Bank PLC

Applicant/claimant

Weston Property Company Limited

Respondent/defendant

Procedural Posture

Part 8 Application (chancery Division) / Judgment on Application for Declarations and Rectification

Legal Issues

  1. 1 Whether the legal mortgage should be rectified to identify the correct debtor (Charlotte Partnership Homes Ltd)
  2. 2 Whether the particulars registered at Companies House and the certificate should be rectified or declared conclusive despite the error

Ratio Decidendi

There was a clear and common intention that the mortgage should secure the liabilities of Charlotte Partnership Homes Ltd, and the omission of its name in the mortgage and registered particulars was a mistake. The court is satisfied that rectification is justified and orders the correction of the registered particulars under section 873 of the Companies Act 2006.

Court Disposition

Application granted

Orders

  • Declaration that the legal mortgage is to be construed as securing the liabilities of Charlotte Partnership Homes Ltd by inserting its name in box D.
  • Order for rectification of the particulars registered at Companies House under section 873 Companies Act 2006.