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. What is rectification? 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: Contract interpretation—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 of rectification is not to vary, modify or extend the parties’ contract: it is to reform the instrument by which they have sought to record it in order to conform it with their

This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed. Claims for use and occupation A claim for use and occupation is possible where there is occupation of land without an express agreement fixing the amount of rent. The landlord may bring a claim to recover a reasonable rent for the land so occupied. Compensation is recovered as damages for breach of an implied agreement to pay for the use of the land. The claim lies only if the tenant has actually entered on the premises with the landlord’s permission, not as a trespasser (in which case see Mesne profits below). The landlord must show an express or implied contract with the occupier, and they must have the legal estate (Morgell v Paul (1828) 2 Man & Ry KB 303 (not reported by LexisNexis®)). A legal title by estoppel is sufficient, eg where they have let the premises to the defendant,

Law360, London: The government's plan to reduce premiums for motorists through its controversial reforms to claims for 'whiplash' injuries in 2020 have failed, consumer advocates said, after an official report found prices had fallen by less than promised.

Law360, London: Motor insurers are likely to face major losses in 2026, Ernst & Young (EY) warned, following a period in which the sector slashed prices while under political scrutiny.

This Practice Note refers to CPR 21 on claims involving a child. A person may act as a litigation friend if they can fairly and competently conduct proceedings on the child’s behalf, have no interests adverse to the child and will pay any adverse costs order made against the child. The Practice Note provides guidance on how a person can become a litigation friend and how to end or change the appointment of the litigation friend. It also considers the position where the child reaches the age of 18 during the course of the proceedings. Appointing a litigation friend A child is any person under the age of 18. In civil proceedings, a child must have a litigation friend to conduct the proceedings on their behalf (unless the court directs otherwise), pursuant to CPR 21.2. Often the child’s parent will act as a litigation friend, although there is no barrier to another adult acting instead. For further guidance, see Practice Note: Claims on behalf of children—an introduction. Appointment

Court directions for investment If damages are recovered on behalf of a child following a settlement or at trial, the money will not be paid out to the child or their legal representatives immediately but will be dealt with in accordance with directions given by the court. The basic principle is that the court must give directions as to what will be done with the money. The court has a fairly wide discretion. The court may give directions that the money must be wholly or partly paid into court and invested, or otherwise dealt with. Where money is recovered for the benefit of a child who is not a protected beneficiary: • the court may direct that the money be paid directly to the litigation friend to be placed in a bank, building society or similar account for the child’s use • if the money remains invested in court, it must be paid out to the child when the child reaches the age of 18 • any investments held in court other than money

When court approval is required Any settlement, compromise or payment (including any voluntary interim payment) arising from a claim on behalf of, or against, a child is not binding unless it has been approved by the court. A compromise involving a child needs to be approved because: • the court needs to be satisfied that the compromise is fair (it protects children from any mistakes by their legal advisers or from pressure to settle a case quickly for less than it is worth) • a court approved compromise protects the defendant as it ensures that they are properly discharged from the claim • the court ensures that the money is protected and properly looked after by being invested on behalf of the child until they reach adulthood For further guidance, see Practice Note: Claims involving a child—investment of damages. As a compromise on behalf of a child is not valid until it has been approved by the court, either party may withdraw from the agreement prior to approval being granted,

Any claim in connection with a fatality will be based on either or both: • the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934), which gives the deceased’s estate the right to bring an action • the Fatal Accidents Act 1976 (FAA 1976), which gives a right to the deceased’s dependants within certain categories to bring a claim in respect of the loss of that dependency LR(MP)A 1934—pain, suffering and loss of amenity (PSLA) The deceased’s estate is entitled to bring a claim in respect of pain, suffering and loss of amenity (PSLA) suffered by the deceased before they died. In summary: • pain and suffering is dependent on a subjective awareness of injury • pain and suffering may include the deceased’s awareness of their reduced life expectancy • loss of amenity is not dependent on awareness of injury • factors to consider when assessing PSLA include: ◦ severity of pain and suffering ◦ level of consciousness ◦ awareness of shortened life expectancy ◦ duration of suffering between accident and death ◦ loss

When court approval is required Any settlement, compromise or payment arising from a claim on behalf of a protected party is not binding unless it has been approved by the court. A compromise involving a protected party needs to be approved because: • the court needs to be satisfied that the compromise is fair (it safeguards protected parties from any mistakes by their legal advisers or from pressure to settle a case quickly for less than it is worth) • a court approved compromise protects the defendant as it ensures that the defendant is properly discharged from the claim • the court ensures that the money is protected and properly looked after by being invested on behalf of the protected party For further guidance, see Practice Note: Claims involving a mentally incapacitated claimant—investment of damages. Where a claimant suffered a very severe brain injury in a road traffic accident and their claim for damages was settled via a compromise agreement either party was entitled to withdraw from the agreement before

Control of money recovered by a protected party Key terms in CPR 21 include: • ‘lacks capacity’ means lacks capacity within the meaning of the Mental Capacity Act 2005 (MCA 2005) • a ‘protected party’ means a party, or an intended party, who lacks capacity to conduct the proceedings • ‘protected beneficiary’ is a protected party who lacks capacity to manage and control the money recovered If damages are recovered on behalf of a protected party following a settlement or at trial, the money will not be paid out to the protected party or their legal representatives immediately but will be dealt with in accordance with directions given by the court. The basic principle is that the court must give directions as to what will be done with the money. Where money is recovered on behalf of a protected party, before giving directions regarding control of the money, the court must first decide whether the protected party is also a protected beneficiary. The court has a fairly wide discretion

This Practice Note considers the issues that can arise with claims involving serious brain or head injuries, including those described as traumatic brain injuries (TBI) or catastrophic brain injuries. It covers the common causes of serious brain injury, typical features such as cognitive impairments and how a diagnosis is made. This Practice Note also examines the different types of expert evidence and practical issues such as funding the costs of care and therapy, interim payments, settlement structures and capacity issues. NOTE: On 2 December 2024, the Lord Chancellor announced that the discount rate would change to positive 0.5%. The positive 0.5% discount rate is effective from 11 January 2025. Schedule A1 to the Damages Act 1996 provides that each subsequent review must be started within the five-year period following the last review. For these purposes, a review is concluded when the Lord Chancellor makes the determination as to the rate. Claims involving serious brain injuries

This Practice Note considers Part 21 of the CPR which sets out the rules relating to proceedings involving children. A child is any person under the age of 18. The rules state that unless a court has made a specific order that a child can act on their own behalf, a child cannot be involved in proceedings without the appointment of a litigation friend. This rule applies whether the child is the claimant or a defendant. The Practice Note also covers the rules relating to service of a certificate of suitability by a person wishing to act as litigation friend and provides an overview of the different types of claims involving children. A child is any person under the age of 18. There are important procedural issues that practitioners must consider in claims involving children. CPR 21 contains the main provisions. If a child is involved in a claim, they will usually be the claimant bringing the claim, but claims may occasionally be brought against children. Litigation friends Requirement