Guy v Barclays Bank Plc

Guy v Barclays Bank Plc

Mr Guy failed to show an arguable case that Barclays Bank had actual or constructive notice of any defect in Ten Acre Limited's title; therefore, the registration of the charge was not a mistake capable of rectification under Schedule 4 of the Land Registration Act 2002. The application for permission to appeal was refused as there was no reasonable prospect of success.

Parties
Appellant: Guy; Respondent: Barclays Bank PLC
Jurisdiction
England and Wales
Judgment Date
09 April 2008
Procedural Posture
Civil Appeal / Application for Permission to Appeal (renewed Oral Application) From Summary Judgment
Outcome
Application for permission to appeal refused
Legal Topics
Rectification of Land Register, Fraudulent Transfer, Mortgagee Rights, Summary Judgment
Land Law Equity and Trusts Banking Law Rectification of Land Register Fraudulent Transfer Mortgagee Rights Summary Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Guy

Appellant

Barclays Bank PLC

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (renewed Oral Application) From Summary Judgment

Legal Issues

  1. 1 Whether the registration of a charge in favour of Barclays Bank PLC can be rectified under Schedule 4 of the Land Registration Act 2002 on the basis of alleged fraud or forgery in the underlying transfer to Ten Acre Limited
  2. 2 Whether Barclays Bank had actual or constructive notice of the alleged defect in Ten Acre Limited's title so as to render the registration of its charge a 'mistake' under the Act

Ratio Decidendi

Mr Guy failed to show an arguable case that Barclays Bank had actual or constructive notice of any defect in Ten Acre Limited's title; therefore, the registration of the charge was not a mistake capable of rectification under Schedule 4 of the Land Registration Act 2002. The application for permission to appeal was refused as there was no reasonable prospect of success.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal dismissed
  • No further stay or injunction pending appeal