header-logo header-logo

12 September 2019 / Julia Petrenko , Edward Peters KC
Issue: 7855 / Categories: Features , Property
printer mail-detail

Correcting past mistakes

Reducing the role of the reasonable man in a rectification context: Julia Petrenko & Edward Peters on FSHC Group Holdings Ltd v Glas Trust Corporation Ltd

  • In FSHC Group Holdings Ltd v Glas Trust Corporation Ltd, the Court of Appeal provided welcome clarification in relation to the requirements which must be satisfied if a written document is to be rectified on the basis of common mistake.
  • In particular, the court clarified that the obiter remarks made by Lord Hoffmann in Chartbrook Ltd v Persimmon Homes Ltd—that the test for establishing a common intention which was mistakenly not reflected in the written document is objective —do not represent the law.

Rectification is an equitable remedy which applies to written documents which, mistakenly, fail to record what was agreed by the parties. There are two species of rectification: common mistake rectification and unilateral mistake rectification. As regards the former, in brief summary, the claimant must show that:

  • the parties had a common continuing intention, whether or not amounting to an agreement,
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll