Watson & Anor v Eyre
The claimants failed to provide convincing proof of a common continuing intention to limit the legal charge to Worldsunny's liabilities; the evidence showed the defendant intended an all monies charge, and the claimants were advised by independent solicitors. No misrepresentation was established as the defendant intended to advance funds and put solicitors in funds.
- 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 / Judgment on Preliminary Issues
- Outcome
- application for rectification and claim for rescission dismissed
- Legal Topics
- Rectification of Instruments, Misrepresentation, Mortgage and Charges, Guarantees, Rescission
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Andrew Watson
Claimant
Mrs Susan Michelle Watson
Claimant
Mr Peter Thomas Eyre
Defendant
Procedural Posture
Civil / Judgment on Preliminary Issues
Legal Issues
- 1 Whether the legal charge dated 29 July 2010 should be rectified to reflect the parties' common intention
- 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 to limit the legal charge to Worldsunny's liabilities; the evidence showed the defendant intended an all monies charge, and the claimants were advised by independent solicitors. No misrepresentation was established as the defendant intended to advance funds and put solicitors in funds.
Court Disposition
application for rectification and claim for rescission dismissed
Full Case Text
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