Barclays Bank Plc v Guy [2008] EWHC 893 (Ch); [2008] EWCA Civ 452

Land Registration: When is rectification unjust?

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Juliet Brook examines whether title or rectification takes priority, with reference to Parshall v Hackney ‘The state guarantee of title can only be effective when coupled with the ability to correct mistakes (with indemnities to counteract the loss suffered).’ Of the various principles enshrined within English land law, the state guarantee afforded to registered titles …

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Fraud: A breaking wave?

Peter Dodge discusses the potential for increased litigation and the themes that may emerge ‘Uncertainty tends to produce litigation. When the courts clarify principles of law, experienced litigants such as lenders and insurers can then compromise claims on the basis of that clarification.’ It is a truism that cyclical falls in property prices following periods …

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