Barclays Bank UK PLC v Terry & Anor [2023] EWHC 2726 (Ch) (23 October 2023)

Barclays Bank UK PLC v Terry & Anor [2023] EWHC 2726 (Ch) (23 October 2023)

The mistaken discharge of the mortgage charges was based on a fundamental factual and legal error by Barclays, which was sufficiently grave to make it unconscionable for the defendants to retain the benefit. The law permits rescission for such a mistake, and there are no exceptional circumstances preventing alteration of the Land Register for the named defendants. Summary judgment is therefore granted in their cases.

Citation
[2023] EWHC 2726 (Ch)
Parties
Claimant: Barclays Bank UK PLC; Defendant: Shaun Richard Terry; Defendant: Rachael Jayne Terry
Jurisdiction
England and Wales
Judgment Date
23 October 2023
Procedural Posture
Part 8 Claim (civil Procedure Rules) / Summary Judgment Application
Outcome
Summary judgment granted for the named defendants (Mr. and Mrs. Terry); rescission of mistaken discharge and order to alter the Land Register. No final determination for represented parties; their cases to proceed under bifurcated procedure.
Legal Topics
Rescission for Mistake, Alteration of Land Register, Summary Judgment, Representative Actions, Equitable Relief
Property Law Equity Civil Procedure Rescission for Mistake Alteration of Land Register Summary Judgment Representative Actions Equitable Relief

Case Brief

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Parties

Barclays Bank UK PLC

Claimant

Shaun Richard Terry

Defendant

Rachael Jayne Terry

Defendant

Procedural Posture

Part 8 Claim (civil Procedure Rules) / Summary Judgment Application

Legal Issues

  1. 1 Whether mistaken discharge of mortgage charges can be rescinded for equitable mistake
  2. 2 Whether the Land Register can be altered to reflect rescission
  3. 3 Whether summary judgment is appropriate for the named defendants

Ratio Decidendi

The mistaken discharge of the mortgage charges was based on a fundamental factual and legal error by Barclays, which was sufficiently grave to make it unconscionable for the defendants to retain the benefit. The law permits rescission for such a mistake, and there are no exceptional circumstances preventing alteration of the Land Register for the named defendants. Summary judgment is therefore granted in their cases.

Court Disposition

Summary judgment granted for the named defendants (Mr. and Mrs. Terry); rescission of mistaken discharge and order to alter the Land Register. No final determination for represented parties; their cases to proceed under bifurcated procedure.

Orders

  • Rescission of the mistaken discharge of the mortgage for Mr. and Mrs. Terry
  • Order to alter the Land Register to reinstate the charge for Mr. and Mrs. Terry