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Newsflash: Court of Appeal confirms what is a ‘mistake’ for the purposes of rectifying HM Land Register

Land registry on ornate building Print publication

23/01/2019

In August 2018 Walker Morris published a briefing on the High Court’s decision in the Antoine case, which further considered what is a ‘mistake’ for the purposes of rectifying HM Land Register.  That decision was appealed and the Court of Appeal has now dismissed the appeal and confirmed [1] that the law stands as per our earlier article.

Apart from providing a clear statement of the law at Court of Appeal level, this case is noteworthy because it highlights the willingness of the Land Registry to take definitive action, via intervening in cases such as this and the earlier NRAM v Evans case, to limit a party’s ability to claim under the indemnity scheme.

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[1] [2018] EWCA Civ 2846

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