Kaur (AP) v Singh & Ors [2000] ScotCS 188 (7 July 2000)

Kaur (AP) v Singh & Ors [2000] ScotCS 188 (7 July 2000)

The pursuer's loss, for which indemnity is due, is the value of her one-half interest in the property at the date the inaccuracy entered the register, free of any debt, as the secured loan had been redeemed before the inaccuracy. Indemnity is not limited to net equity prior to redemption.

Citation
[2000] ScotCS 188
Parties
Pursuer and Respondent: Mrs. Sukhjinder Kaur (A. P.); Defenders: Balbir Singh and Others; Third Defender and Reclaimer: Keeper of the Registers of Scotland (Third Defender and Reclaimer)
Jurisdiction
Scotland
Judgment Date
07 July 2000
Procedural Posture
Reclaiming Motion (appeal) / Judgment on Quantum of Indemnification After Proof Before Answer
Outcome
reclaiming motion refused; interlocutor of Lord Ordinary sustained
Legal Topics
Rectification of Land Register, Indemnity for Loss Due to Register Inaccuracy, Forgery of Disposition, Standard Security Discharge
Property Law Land Registration Rectification of Land Register Indemnity for Loss Due to Register Inaccuracy Forgery of Disposition Standard Security Discharge

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Parties

Mrs. Sukhjinder Kaur (A. P.)

Pursuer and Respondent

Balbir Singh and Others

Defenders

Keeper of the Registers of Scotland (Third Defender and Reclaimer)

Third Defender and Reclaimer

Procedural Posture

Reclaiming Motion (appeal) / Judgment on Quantum of Indemnification After Proof Before Answer

Legal Issues

  1. 1 What is the correct measure of indemnity under section 12(1)(b) of the Land Registration (Scotland) Act 1979 when rectification is refused due to prejudice to a proprietor in possession?
  2. 2 Should indemnity reflect the gross value of the lost interest or only the net equity after secured debt?

Ratio Decidendi

The pursuer's loss, for which indemnity is due, is the value of her one-half interest in the property at the date the inaccuracy entered the register, free of any debt, as the secured loan had been redeemed before the inaccuracy. Indemnity is not limited to net equity prior to redemption.

Court Disposition

reclaiming motion refused; interlocutor of Lord Ordinary sustained

Orders

  • Keeper of the Registers of Scotland to pay £25,500 plus interest to the pursuer as indemnity