Kester Lees KC acts for the successful bank in 8 day fraud trial
The Land Registration Division of the First Tier Tribunal (Property Chamber) has produced its awaited decision in Ebanks v (1) Salcombe Road Limited, and (2) Onesavings Bank Plc, concerning mortgage fraud, co-ownership and rectification of the Register.
Kester acted for the successful bank in establishing that one of the applicants had lied to the Tribunal and that the relevant transactions were genuine. Consequently, the application for rectification of the Register was dismissed and the bank’s own application for registration was granted. The case also considers the effect on beneficial co-ownership where one of two proprietors enter into a transaction and where (as in this case) the Tribunal should be persuaded to depart from expert handwriting evidence.
Kester was instructed in this 8 day trial by Dawn Webber of TLT LLP.
A copy of the judgment can be found here.
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