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Tracking changes & auto-correct

08 November 2018 / Tamsin Cox , Julia Petrenko
Issue: 7816 / Categories: Features , Property
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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
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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