John Baylis & Anor v Syed Ali Haider & Ors

John Baylis & Anor v Syed Ali Haider & Ors

The Claimants knowingly executed a sale of the Property to Mr Haider, and the pleas of non est factum and mistake fail; even if the TR1 was technically defective, exceptional circumstances justify refusal to rectify the register; Mr Haider paid full value, and the Claimants benefited from the transaction; the Charge by Together remains, and the Claimants have no overriding interest; the FSMA 2000 claim fails as Mr Haider was not acting in the course of business and, in any event, enforcement would be just and equitable.

Parties
Claimant: John Baylis; Claimant: Elena Kreuder; Defendant: Syed Ali Haider; Defendant: PG Solicitors (t/a Edward Marshall Solicitors); Defendant: Together Commercial Finance Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil / Final Judgment
Outcome
Claim dismissed; possession claim by Mr Haider dismissed; claims against Edward Marshall succeed for breach of duty and failure to account.
Legal Topics
Land Registration, Rectification, Non Est Factum, Mistake, Sale and Rent Back, Solicitor Negligence, Unjust Enrichment, FSMA 2000, Overriding Interest
Property Law Trusts Probate Bankruptcy Financial Regulation Land Registration Rectification Non Est Factum +6 more

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Parties

John Baylis

Claimant

Elena Kreuder

Claimant

Syed Ali Haider

Defendant

PG Solicitors (t/a Edward Marshall Solicitors)

Defendant

Together Commercial Finance Limited

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the transfer to Mr Haider is void on the basis of non est factum
  2. 2 Whether the transfer is void or voidable due to mistake or parties at cross-purposes
  3. 3 Whether the register should be rectified under Sch.4 LRA 2002

Ratio Decidendi

The Claimants knowingly executed a sale of the Property to Mr Haider, and the pleas of non est factum and mistake fail; even if the TR1 was technically defective, exceptional circumstances justify refusal to rectify the register; Mr Haider paid full value, and the Claimants benefited from the transaction; the Charge by Together remains, and the Claimants have no overriding interest; the FSMA 2000 claim fails as Mr Haider was not acting in the course of business and, in any event, enforcement would be just and equitable.

Court Disposition

Claim dismissed; possession claim by Mr Haider dismissed; claims against Edward Marshall succeed for breach of duty and failure to account.

Orders

  • Possession proceedings by Mr Haider dismissed.
  • No rectification of the register against Mr Haider or Together.