The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a claim and what evidence may be admissible in support.
In Tartsinis v Novana, Leggatt J as he then was questioned the authority of Lord Hoffman’s dicta in Chartbrook v Persimmon Homes (as followed in Daventry v Daventry), with regard to whether the court should apply an objective or a subjective test when analysing claims for rectification. In 2019, Leggatt LJ, gave the Court of Appeal’s unanimous decision in FSHC Group Holdings Ltd v Glas Trust Corporation confirming that test for the relevant intention of the parties to the document sought to be rectified is a subjective test.
Rectification is an equitable remedy aimed at amending a document to accord with the intention of the parties.
Parties to a contract may have had a common intention or understanding when they drew up their contract as to what it meant but, somehow, that meaning has not been reflected in the drafting, ie it is different from the objective meaning of the contractual document as ascertained in accordance with the rules of contract interpretation (on which, more generally, see Practice Note: Rules of contract interpretation).
In such case a claim for rectification may be appropriate.
Note, as per Hildyard J in Procter & Gamble v Svenska Cellulosa:
‘The basis and purpose
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This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent and drafting issues.What are conditions precedent?A condition precedent in a commercial contract details an event which must take place before:•a
Part 8 of the Corporation Tax Act 2009 (CTA 2009) is a specific corporation tax regime that applies exclusively to the gains and losses of intangible fixed assets. Note, however, that certain intangible fixed assets are excluded from the regime, see Practice Note: Excluded intangible fixed
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An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
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