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True intentions

14 June 2007 / Elizabeth Fitzgerald , Greville Healey
Issue: 7277 / Categories: Features , Family , Property
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Elizabeth Fitzgerald and Greville Healey discuss the construction of leases and the property rights of cohabiting couples

In KPMG v Network Rail Infrastructure Ltd [2007] EWCA Civ 363, [2007] All ER (D) 245 (Apr), the Court of Appeal considered the interpretation of a break clause in a lease from which it was apparent that some critical words had been omitted. Lord Justice Carnwath—with whom Sir Paul Kennedy and Lord Justice Mummery agreed—stated at para 8 that the issues for the court were whether that omission could be corrected by any legally permissible technique, or, if not, what meaning should be ascribed to the clause. At first instance the judge upheld Network Rail’s case for rectification based upon mutual mistake, and KPMG appealed.

QUESTION OF CONSTRUCTION

As regards rectification, the Court of Appeal held that the judge had been wrong on the facts to hold that there was convincing proof that the relevant common intention continued up to the grant of the lease in question, and so allowed the appeal on this point.

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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