NRAM Plc v Evans & Anor

The mortgage deed and incorporated conditions were sufficiently wide to secure the 2005 loan on the property. The bank made a distinct mistake in issuing the e-DS1, induced by the solicitors' letter referencing only the 2004 loan. It would be unconscionable to leave the mistake uncorrected, and the bank is entitled to rectification of the land register.

Parties: Claimant: NRAM PLC; Defendant: Paul Morgan Evans; Defendant: Susannah Jane Evans
Jurisdiction: England and Wales
Judgment Date: 29 May 2015
Procedural Posture: Civil / Judgment
Outcome: Judgment for the claimant
Legal Topics: Mortgage Security, Rectification of Land Register, Mistake in Voluntary Disposition, Bankruptcy, Consumer Credit

Property Law Banking Law Insolvency Law Mortgage Security Rectification of Land Register Mistake in Voluntary Disposition Bankruptcy Consumer Credit

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 6

Parties

NRAM PLC

Claimant

Paul Morgan Evans

Defendant

Susannah Jane Evans

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the 2005 loan advanced by the bank is secured on the property under the mortgage deed
2 Whether the e-DS1 cancellation of the registered charge was a mistake and can be rectified
3 Whether the bank or the Evans are entitled to relief regarding overpayments and credit reporting

Ratio Decidendi

Court Disposition

Judgment for the claimant

Orders

The bank is entitled to be re-registered as proprietor of the charge securing the 2005 loan.
Rectification of the land register is ordered.