[2025] UKUT 144 (LC)

Case No: LC-2024-553

AN APPEAL AGAINST A DECISION OF THE FIRST-TIER TRIBUNAL (PROPERTY CHAMBER)

Ref: 2022/0396

Royal Courts of Justice, Strand,

London, WC2A 2LL

16 May 2025

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

LAND REGISTRATION – ALTERATION AND RECTIFICATION – rectification - whether the applicant to HM Land Registry had shown that there was a mistake on the register – burden and standard of proof of mistake – consequences of the FTT’s finding that the appellant was in possession of part of the disputed land

BETWEEN:

MR KAYALAIPILAI SUHITHARAN

Appellant

and-

MR HENRYK JAN IWASKIEWICZ

Respondent

2 and 4 Beancroft Road,

Marston Moretaine,

Bedford, MK43 OPY

Upper Tribunal Judge Elizabeth Cooke

Date of hearing: 6 May 2025

Mr Harrison Denner for the appellant, instructed by Wayne Leighton Solicitors

Mr Matthew Feldman for the respondent, instructed by Neves Solicitors

© CROWN COPYRIGHT 2025

The following cases were referred to in this decision:

Re H (Minors) (Sexual Abuse: Standard of Proof) [1996] AC 563