Where a transaction has been completed by the execution of a deed or other instrument, but the instrument does not express what the parties had agreed, it may be rectified if proof of their agreement can be produced1. Rectification is an equitable remedy and thus the court has a discretion as to whether or not it ought to be granted2.
There must be strong evidence that, by mistake, the instrument does not reflect the true intentions of the parties3; to allege that a lease signed by the parties is erroneous is a serious allegation requiring a high degree of probability4.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234