Continue reading "Mistake And Rectification: Achieving fairness"
Mistake And Rectification: Achieving fairness
David Catchpole and Alexandra Clark analyse Lawie to discern the court’s current approach to mistake and rectification Rectification is a discretionary remedy and the court will take into account all of the evidence put before it, whether in support of or in opposition to the application, but will not make the case for a party …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Lawie v Lawie & ors [2013] WTLR 85
- Pitt & anr v Holt & anr [2011] EWCA Civ 197; [2011] WTLR 623 CA
- Re Butlins Settlement Trust [1976] Ch 251