NRAM Ltd v Evans and Others: CA 19 Jul 2017

Appeal from order directing re-registration of charge over registered land.
Held: It was not a mistake to register a voidable disposition before it was avoided.
The court cited with approval the views of the editors of Megarry and Wade: ‘ ‘Mistake’ is not itself specifically defined in the 2002 Act, but it is suggested that there will be a mistake whenever the Registrar (i) makes an entry in the register that he would not have made; (ii) makes an entry in the register that he would not have made in the form in which it was made; (iii) fails to make an entry in the register which he would otherwise have made; or (iv) deletes an entry which he would not have deleted; had he known the true state of affairs at the time of the entry or deletion. The mistake may consist of a mistaken entry in the register or the mistaken omission of an entry which should have been made. Whether an entry in the register is mistaken depends upon its effect at the time of registration . . . ‘


Kitchin, David Richards, Henderson LJJ


[2017] EWCA Civ 1013, [2017] WLR(D) 491


Bailii, WLRD


England and Wales

Registered Land

Updated: 04 May 2022; Ref: scu.591188