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)

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

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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

  1. 1 Whether the transfer plan should be rectified to accord with the previous version of the filed plan
  2. 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