Clydesdale Bank Plc v Weston Property Company Ltd

The evidence established a common intention that the mortgage should secure the liabilities of Charlotte Partnership Homes Ltd, and the omission in box D was a clear mistake. The court is satisfied that rectification is warranted both for the mortgage and the registered particulars under section 873 of the Companies Act 2006.

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 / Judgment
Outcome: Application granted
Legal Topics: Rectification of Mortgage, Construction of Legal Documents, Registration of Charges, Mistake in Legal Instruments

Property Law Company Law Rectification of Mortgage Construction of Legal Documents Registration of Charges Mistake in Legal Instruments

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Parties

Clydesdale Bank PLC

Applicant/claimant

Weston Property Company Limited

Respondent/defendant

Procedural Posture

Part 8 Application / Judgment

Legal Issues

1 Whether the legal mortgage should be rectified to reflect the true intention of the parties by inserting Charlotte Partnership Homes Ltd in box D
2 Whether the particulars registered with the Registrar of Companies and the certificate issued should be rectified to correct the misstatement of the debtor's identity

Ratio Decidendi

Court Disposition

Application granted

Orders

Declaration as to the true construction of the mortgage: box D to be completed with Charlotte Partnership Homes Ltd as customer.
Order for rectification of the particulars registered with the Registrar of Companies under section 873 Companies Act 2006.