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Summons amended to give correct date of judgment mortgage
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High Court directs amendment of special summons in claim for well charging order, where summons gave incorrect date for registration of judgment mortgage.
Judgment mortgage – action seeking well charging order – special summons issued 16 December 2010 – claim in summons that judgment mortgage registered on 3 November 2009 – error in summons, as correct registration completed on 5 May 2010 – application to amend summons – whether court had jurisdiction to amend summons – Order 28, rule 1, RSC – whether prejudice to defendants.
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