High Court’s rectification of deeds decision consistent with other recent decisions (A and others v D and others)

Table of contents

• Original news
• What was the background to the case?
• What issues arose for the court’s consideration?
• What did the court decide and why?
• To what extent is the judgment helpful in clarifying the law in this area? Are there still any unresolved issues practitioners will need to watch out for?
• How does the decision fit with other areas of the law?
• What are the implications for practitioners? What will they need to be mindful of when advising in this area?

Article summary

Private Client analysis: In the trusts law case A v D, the High Court chose to allow rectification of incorrectly drafted deeds of appointment without having first (or at all) considered the issue of construction. Sarah Haren, of 5 Stone Buildings, examines the court’s approach.