The Weekly Law Reports
[2015] 3 WLR 239
Court of Appeal
Swift 1st Ltd
v
Chief Land Registrar
[2015] EWCA Civ 330
2015 Jan 13;
April 1
Moore-Bick, Patten, Tomlinson LJJ
Land registration— Register— Rectification— Fraudster executing legal charge to secure loan by impersonating proprietor— Registered proprietor and rightful owner of property in actual occupation at date of forged disposition— Parties agreeing consent order requiring registrar to amend registered title to property by deleting charge in favour of claimant— Claimant seeking indemnity because prejudiced by rectification and suffering loss— Whether alteration of register amounting to rectification— Whether claimant claiming in good faith under forged disposition and suffering loss by reason of rectification as if disposition not forged— Whether claim for indemnity affected by registered proprietor’s overriding interest— Whether claimant entitled to indemnity—
Land Registration Act 2002 (c 9), Schs 4, 8