52. Procedure for claims for rescission.

52.     Procedure for claims for rescission.

A claim for the setting aside or cancellation of an instrument in writing is assigned to the Chancery Division of the High Court1.

Where a voluntary deed is impeached, the burden of supporting it does not necessarily rest on those who set it up2. Where an appointment under a settlement is set aside, the court may direct a note of the appointment and a copy of the order rescinding it to be indorsed on the settlement3.

When a conveyance is set aside on the ground of mistake, an account of rents and profits