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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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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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