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08 November 2018 / Tamsin Cox , Julia Petrenko
Issue: 7816 / Categories: Features , Property
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Tracking changes & auto-correct

Rectification: a duty to correct other people’s mistakes? Tamsin Cox & Julia Petrenko report

  • In CDS (Superstores International) Limited v Place Road Properties Limited the court ordered rectification of a lease on the basis of common mistake (and alternatively unilateral mistake) in circumstances where the parties had reached agreement in relation to the rent provision in a lease, but the landlord later sent the tenant a tracked-changes version of the lease.
  • Practitioners should be aware that, where there is prior accord between the parties and one party seeks to deviate from the same, sending the other side an amended version of the document containing the proposed change will not necessarily suffice to prevent a rectification claim from being brought if the other side only spot the change after completion.

Transactional practitioners will no doubt have experienced the to-ing and fro-ing of many versions of a document, amended in ‘tracked-changes’, shortly before completion of a proposed agreement. The decision of Lord Justice May sitting in Bristol County Court in CDS (Superstores International) Limited v Place

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MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
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