Tuesday 13th July 2021
The Claimant (C) appeals against the order of Morris J dated 14/12/20 dismissing his appeal against the order of HHJ Monty QC dated 6/1/20.
The parties are father and son. The C is son of the Defendant (D). The claim was concerned with the beneficial ownership of a residential property.
The property was purchased in the parties’ joint names in Oct 2000. The TR1 was completed by the solicitors acting for the parties and an X was inserted by the words: “the transferees are to hold the property on trust for themselves as tenants in common in equal shares”.
The appeal concerns the test for rectification of a Land Registry TR1 Form following the decision in FSHC Group Holdings Ltd v GLAS Trust Corp Ltd  Ch 365 in a case where the trial judge found that (a) the parties had not intended the joint beneficial ownership created by the TR1 but(b) did not find that the parties had ever discussed/communicated their respective intentions with/to each other as regards such ownership, and (c) found that the D’s intentions had in fact been for an express trust in different terms from that which was created by the Court’s order.