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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

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
Careless client checks do not automatically make a solicitor dishonest, but deliberately avoiding confirmation of suspected wrongdoing can cross the line
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
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