Rectifying a TR1: Ralph v Ralph [2020] EWHC 3348 (QB)


Lord Justice Bean has granted permission for a second appeal in Ralph v Ralph [2020] EWHC 3348 and stayed the earlier order of Mr Justice Morris.

The Court of Appeal will decide whether co-owners of properties must establish an outward expression of accord under the test in FSHC Group Holdings Ltd v GLAS Trust Corpn Ltd [2020] Ch 365 in order to rectify a declaration of joint legal and beneficial ownership that is contained in the TR1 by which they bought their property.

As the Court of Appeal’s decision will determine the ease with which a party can go behind a TR1 it is likely to be of considerable importance to practitioners advising co-owners and lenders and who have hitherto thought that Goodman v Gallant [1986] Fam 106 CA remained the last word on this subject.

Clifford Darton QC and George Woodhead act for the Appellant instructed by Nigel Cole of Verisona Law.

A copy of the judgment of Mr Justice Morris can be found here.