Dhillon v Barclays Bank Plc & Anor

Dhillon v Barclays Bank Plc & Anor

The Court of Appeal held that the judge was correct to find exceptional circumstances justifying refusal to rectify the register. Mrs Dhillon never owned the freehold, could not have afforded to buy the property, and her title was derived from a void disposition resulting from fraud. Rectification would give her a windfall and put her in a better position than if the fraud had not occurred. The possible availability of an indemnity to Barclays Bank was not determinative. The appeal was dismissed.

Parties
Appellant: Simer Kaur Dhillon; 1st Respondent: Barclays Bank Plc; 2nd Respondent: Chief Land Registrar
Jurisdiction
England and Wales
Judgment Date
14 May 2020
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Rectification of Land Register, Mortgage Fraud, Exceptional Circumstances, Indemnity Under Land Registration Act 2002
Land Law Property Law Equity Rectification of Land Register Mortgage Fraud Exceptional Circumstances Indemnity Under Land Registration Act 2002

Case Brief

Summary, issues, holding and outcome

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Parties

Simer Kaur Dhillon

Appellant

Barclays Bank Plc

1st Respondent

Chief Land Registrar

2nd Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the judge erred in refusing rectification of the Land Register to remove Barclays Bank's charge under paragraph 3(3) of Schedule 4 to the Land Registration Act 2002 on grounds of exceptional circumstances.
  2. 2 Whether the nature of Mrs Dhillon's title justified rectification.
  3. 3 Whether the availability of an indemnity to Barclays Bank is relevant to the rectification decision.

Ratio Decidendi

The Court of Appeal held that the judge was correct to find exceptional circumstances justifying refusal to rectify the register. Mrs Dhillon never owned the freehold, could not have afforded to buy the property, and her title was derived from a void disposition resulting from fraud. Rectification would give her a windfall and put her in a better position than if the fraud had not occurred. The possible availability of an indemnity to Barclays Bank was not determinative. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; the Land Register will not be rectified to remove Barclays Bank's charge.