Barclays Bank UK Plc v Shaun Richard Terry

Barclays Bank UK Plc v Shaun Richard Terry

The mistaken discharge of the mortgage charges was a distinct, causative, and grave mistake by the claimant, making it unconscionable for the defendants to retain the benefit; therefore, rescission and alteration of the Land Register are appropriate for the named defendants, with summary judgment granted in their case.

Parties
Claimant: Barclays Bank UK PLC; Defendant: Shaun Richard Terry; Defendant: Rachael Jayne Terry
Jurisdiction
England and Wales
Judgment Date
21 June 2024
Procedural Posture
Civil Property, Trusts & Probate / Summary Judgment Application
Outcome
Summary judgment granted for the claimant against the named defendants; rescission of mistaken discharge and alteration of the Land Register ordered for them.
Legal Topics
Rescission for Mistake, Alteration of Land Register, Summary Judgment, Representative Actions
Property Law Equity Civil Procedure Rescission for Mistake Alteration of Land Register Summary Judgment Representative Actions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Barclays Bank UK PLC

Claimant

Shaun Richard Terry

Defendant

Rachael Jayne Terry

Defendant

Procedural Posture

Civil Property, Trusts & Probate / Summary Judgment Application

Legal Issues

  1. 1 Whether mistaken discharge of mortgage charges can be rescinded
  2. 2 Whether the Land Register should 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 a distinct, causative, and grave mistake by the claimant, making it unconscionable for the defendants to retain the benefit; therefore, rescission and alteration of the Land Register are appropriate for the named defendants, with summary judgment granted in their case.

Court Disposition

Summary judgment granted for the claimant against the named defendants; rescission of mistaken discharge and alteration of the Land Register ordered for them.

Orders

  • Rescission of the mistaken discharge of mortgage charges for Mr. and Mrs. Terry.
  • Alteration of the Land Register to restore the charges for Mr. and Mrs. Terry.