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Antoine v Barclays Bank [2018] EWCA Civ 2846

Guy Fetherstonhaugh QC and Greville Healey acted for the Bank in Antoine v Barclays Bank [2018] EWCA Civ 2846, an appeal to the Court of Appeal concerning an alleged mistake by the Land Registry as a consequence of a fraud.  The bank had been granted a charge by someone who had used forged documents to procure an order from the Court for his registration as proprietor of the Appellant’s property.  The Appellant sought rectification of the register, to remove the bank’s charge, on the grounds that the registration of its charge was either a mistake, or a consequences of one, for the purposes of schedule 4 to the Land Registration Act 2002.  The bank successfully resisted the rectification of the register, despite the occurrence of the fraud, because the Court of Appeal held that the registration of its charge was not a mistake nor the consequence of one. Lady Justice Asplin (with whom Peter Jackson and Longmore LJJ agreed) held that registration on the basis of a valid court order was “akin” to the position in relation to a voidable transaction, rather than a void one (para. [47]). The judgment is here

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