Barclays Bank UK Plc v Shaun Richard Terry & Anor

Barclays Bank UK Plc v Shaun Richard Terry & Anor

The mistaken discharge of charges should be rescinded and the Land Registry rectified as sought, with the claimant entitled to priority where claimed, and the orders do not constitute a 'disposition' triggering restrictions under the Land Registration Act 2002.

Parties
Claimant: Barclays Bank UK Plc; Defendant: Shaun Richard Terry; Defendant: Rachael Jayne Terry
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil / Summary Judgment and Consequential Orders
Outcome
Orders granted as sought and agreed by the defendants.
Legal Topics
Mistaken Discharge of Charges, Land Registration, Priority of Interests, Rectification of Register
Property Law Trusts and Probate Mistaken Discharge of Charges Land Registration Priority of Interests Rectification of Register

Case Brief

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Parties

Barclays Bank UK Plc

Claimant

Shaun Richard Terry

Defendant

Rachael Jayne Terry

Defendant

Procedural Posture

Civil / Summary Judgment and Consequential Orders

Legal Issues

  1. 1 Whether the mistaken discharge of charges should be rescinded and the Land Registry rectified
  2. 2 Whether the claimant is entitled to priority over third party interests
  3. 3 Whether service on owners and interested parties was satisfactory

Ratio Decidendi

The mistaken discharge of charges should be rescinded and the Land Registry rectified as sought, with the claimant entitled to priority where claimed, and the orders do not constitute a 'disposition' triggering restrictions under the Land Registration Act 2002.

Court Disposition

Orders granted as sought and agreed by the defendants.

Orders

  • Rescission of mistaken discharges of charges on Part 3 properties.
  • Rectification of the Land Registry to show charges as subsisting.