Helen Westle v Dr Suzanne Matthews (Rectification or Setting Aside of Documents : Rectification or Setting Aside of Documents) [2018] UKFTT 720 (PC) (15 October 2018)
The evidence was insufficient to support either a common mistake or unilateral mistake; the only reliable inference was that the plan attached to the transfer represented the common intention of the parties to the transfer.
- Citation
- [2018] UKFTT 720 (PC)
- Parties
- Applicant: Helen Westle; Respondent: Dr Suzanne Matthews
- Jurisdiction
- England and Wales
- Judgment Date
- 15 October 2018
- Procedural Posture
- Application Under S. 108(2) Land Registration Act 2002 / Final Decision
- Outcome
- Application dismissed
- Legal Topics
- Rectification of Documents, Land Registration, Mistake in Transfer Plan
Case Brief
Summary, issues, holding and outcome
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Parties
Helen Westle
Applicant
Dr Suzanne Matthews
Respondent
Procedural Posture
Application Under S. 108(2) Land Registration Act 2002 / Final Decision
Legal Issues
- 1 Whether the transfer plan should be rectified to accord with the previous version of the filed plan
- 2 Whether there was a common or unilateral mistake in the transfer plan
Ratio Decidendi
The evidence was insufficient to support either a common mistake or unilateral mistake; the only reliable inference was that the plan attached to the transfer represented the common intention of the parties to the transfer.
Court Disposition
Application dismissed
Orders
- No rectification of the transfer plan
Full Case Text
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