Rectification of common mistake: Welcome pragmatism

Dentons | Property Law Journal | October 2019 #375
The Court of Appeal has reversed a controversial line of case law on the rectification of contracts where both parties are mistaken about a contract’s legal effect, as Oliver Saunders finds out ‘The Court of Appeal conducted a review of the historic case law on rectification beginning with the traditional equitable jurisdiction to correct mistakes …

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Construction: Dubious drafting

SimplyPSL | The Commercial Litigation Journal | March/April 2018 #78
Sapna Garg examines a recent case on contractual interpretation ‘What can we take from this case? It is a trite point, but surely there is no clearer illustration of how failing to draft a contract clearly and unambiguously can land the parties in a lengthy and costly dispute.‘ At the start of a new business …

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Trust deeds: Filling in the blanks

Mishcon de Reya | Trusts and Estates Law & Tax Journal | April 2018 #195
Emilia Piskorz considers the weight given to subject matter certainty in a Court of Appeal case ‘Even though the trust deed did not refer to the property, given the correspondence, the reasonable man would conclude that Madam Lim believed that the property was held on the trusts of the deed she executed.‘ In a judgment …

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