Rectification claim—the Chartbrook and Daventry objective v subjective approach considered (Tartsinis v Navona)

Table of contents

• Practical implications
• Further guidance

Article summary

Dispute Resolution analysis: in a compelling judgment, Leggatt J has questioned the approach of the House of Lords in Chartbrook (as followed by the Court of Appeal in Daventry) as to the subjective versus objective approach in determining rectification claims. Although, on the facts, Leggatt J ultimately did not need to decide the issue and even, had he been required to do so, would have felt bound to apply Daventry and Chartbrook, his judgment at paras 82–99 nonetheless provides a useful analysis and some food for thought on the correct approach to be taken, leaving open the door for a future Supreme Court to reconsider the matter.