Watson & Anor v Eyre [2018] EWHC 500 (Ch) (24 April 2018)

Watson & Anor v Eyre [2018] EWHC 500 (Ch) (24 April 2018)

The claimants failed to provide convincing proof of a common continuing intention that the legal charge would be limited to securing only Worldsunny's liabilities. The executed documents, supported by independent legal advice, clearly created an 'all monies' charge. There was no sufficient evidence of misrepresentation by the defendant regarding the intention or ability to advance £415,000.

Citation
[2018] EWHC 500 (Ch)
Parties
Claimant: Mr Andrew Watson; Claimant: Mrs Susan Michelle Watson; Defendant: Mr Peter Thomas Eyre
Jurisdiction
England and Wales
Judgment Date
24 April 2018
Procedural Posture
Civil / Preliminary Issues Determination
Outcome
Claims for rectification and rescission dismissed.
Legal Topics
Rectification of Instruments, Misrepresentation, All Monies Charge, Guarantee and Indemnity, Security for Debts
Equity Property Law Contract Law Rectification of Instruments Misrepresentation All Monies Charge Guarantee and Indemnity Security for Debts

Case Brief

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Parties

Mr Andrew Watson

Claimant

Mrs Susan Michelle Watson

Claimant

Mr Peter Thomas Eyre

Defendant

Procedural Posture

Civil / Preliminary Issues Determination

Legal Issues

  1. 1 Whether the legal charge dated 29 July 2010 should be rectified to reflect the parties' common intention
  2. 2 Whether the legal charge was executed pursuant to a misrepresentation permitting rescission

Ratio Decidendi

The claimants failed to provide convincing proof of a common continuing intention that the legal charge would be limited to securing only Worldsunny's liabilities. The executed documents, supported by independent legal advice, clearly created an 'all monies' charge. There was no sufficient evidence of misrepresentation by the defendant regarding the intention or ability to advance £415,000.

Court Disposition

Claims for rectification and rescission dismissed.

Orders

  • The legal charge dated 29 July 2010 stands unrectified and is not rescinded.
  • Costs reserved or to be determined at a later stage.