Successful defence of claim for rectification of TR1: (1) Lohia (2) Singh v Lohia [2021] EWHC 2752 (Ch)

15.10.2021

The High Court has today handed down judgment in (1) Lohia (2) Singh v Lohia [2021] EWHC 2752 (Ch) following a 3-day in-person trial in September 2021.  The decision is thought to be the first judicial consideration of Ralph v Ralph [2021] in the context of both voluntary settlements and transfers for consideration of residential property, and the test for rectification outside of the commercial context.

George Woodhead acted for the successful Defendant’s estate (the Defendant having died of Covid-19 at the outset of the proceedings) in defeating the claim for rectification of a TR1 transferring legal and beneficial ownership of a property to three sons of the family.

The judgment of Deputy Master Francis (i) gives important consideration of the test(s) for rectification in the domestic context; (ii) contains a useful discussion as to the application of Practice Direction 57AC and Statements of Best Practice; and (iii) serves as a stark reminder as to the importance of preparing statements using a witness’ own words – and the implications for parties when this is not done.

A copy of the judgment can be found here.

George Woodhead was instructed by Tim McLeish of Vanderpump & Sykes.

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