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First-tier Tribunal (Property Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> (1) David Standish (2) Neil Gostelow as trustees in bankruptcy of Ioannis Christou, aka John Christou v Barkwith International Limited (Alteration and rectification of the register) [2019] UKFTT 630 (PC) (13 September 2019)
URL: http://www.bailii.org/uk/cases/UKFTT/PC/2019/630.html
Cite as: [2019] UKFTT 630 (PC)
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| Case reference | REF/2018/0930 |
|---|---|
| Date of decision | 13/09/2019 |
| Adjudicator | Mr Daniel Gatty |
| Applicant | (1) David Standish (2) Neil Gostelow as trustees in bankruptcy of Ioannis Christou, aka John Christou |
| Respondent | Barkwith International Limited |
| Main Category & Sub Category | |
| Category | Alteration and rectification of the register |
| Sub Category | Forgery and fraud |
| Secondary Category & Sub Category | |
| Category | Fraud, forgery, duress and undue influence |
| Sub Category | Effect on registered title |
| Decision notes | [2019] UKFTT 630 (PC). Application by trustees in bankruptcy to alter the register and substitute themselves as registered proprietors on the grounds that the property was transferred from the bankrupt to the Respondent by means of a forged transfer. The application was successful. Held that the transfer was forged and the property transferred without the bankrupt-™s knowledge, that the Respondent had not proved that it was in possession of the property so that there was power to order alteration even if it qualified as rectification and held that there were no exceptional circumstances justifying a refusal to exercise the power. The question whether the alteration qualified as rectification given the aspect of the decision in Malory Enterprises not overturned in Swift 1st (right to apply for rectification as overriding interest) was discussed but did not need to be resolved |