The Adjudicator to Her Majesty’s Land Registry (Practice and Procedure) Rules 2003

PART 3 RECTIFICATION APPLICATION TO THE ADJUDICATOR TO RECTIFY OR SET ASIDE DOCUMENTS

Scope of this Part

15.  The rules in this Part apply to rectification applications.

Form and contents of a rectification application

16.—(1) A rectification application must—

(a) be made in writing;

(b) be dated and signed by the applicant or the applicant’s duly authorised representative;

(c) be addressed to the adjudicator;

(d) include the following information—

(i) the name and address of the person or persons against whom the order is sought;

(ii) details of the remedy being sought;

(iii) the grounds on which the rectification application is based;

(iv) in accordance with rule 47 a list of documents on which the party intends to rely to support the rectification application;

(v) a list of witnesses that the party intends to call to give evidence in support of the rectification application; and

(vi) the applicant’s name and address for service;

(e) include the following copies—

(i) a copy of each of the documents listed in the party’s list of documents; and

(ii) a copy of the document to which the rectification application relates, or if a copy is not available, details of the document, which must include if available, its nature, its date, the parties to it and any version number or other similar identification number or code that it has; and

(f) be served on the adjudicator.

(2) Following receipt by the adjudicator of a rectification application, the adjudicator must enter the particulars of the rectification application in the record of matters.

(3) If, having considered the rectification application and made any enquiries he thinks necessary, the adjudicator is satisfied that it is groundless, he must reject the rectification application.

Notice of a rectification application

17.—(1) This rule does not apply where the adjudicator has rejected a rectification application under rule 16(3).

(2) Where a rectification application has been received by the adjudicator, he must serve on the person against whom the order is sought and on any other person who, in the opinion of the adjudicator, should be a party to the proceedings—

(a) written notice of the rectification application; and

(b) a copy of the rectification application.

(3) The adjudicator must specify in the notice under paragraph (2)(a) that if a party receiving the notice has any objection to the rectification application and that party wishes to lodge an objection, he must lodge his objection within 28 days of service of the notice under paragraph (2)(a).

Objection to a rectification application

18.  A person lodges an objection under rule 17(3) if within 28 days of service of the notice under rule 17(2)(a) he serves—

(a) on the adjudicator—

(i) a written statement addressed to the adjudicator and dated and signed by the person lodging the objection or his duly authorised representative setting out the grounds for the objection;

(ii) in accordance with rule 47 a list of documents on which the party intends to rely to support his objection;

(iii) a copy of each of the documents listed in the list of documents;

(iv) a written list of witnesses that the party intends to call to give evidence in support of the objection; and

(v) written confirmation of his name and address for service; and

(b) on the other parties a copy of all the information and documents served on the adjudicator under sub-paragraph (a).