‘A commercial agreement was negotiated between sophisticated commercial parties, advised by experienced solicitors, and executed as a deed, referred to in this judgment as the ‘Deed of Settlement’. As a result of a series of subsequent developments, the terms of this deed produced an outcome which came as a surprise to all those involved in its negotiation, producing a significant windfall gain for one party at the expense of the owner of the other. It is therefore no great surprise that this has resulted in a claim being brought for the rectification of that deed. The Defendant has applied to have this claim struck out, or in the alternative to have summary judgment.’
Judges:
Mr Simon Gleeson
Sitting as a Deputy High Court Judge
Citations:
[2022] EWHC 164 (Ch)
Links:
Jurisdiction:
England and Wales
Contract, Equity
Updated: 23 March 2022; Ref: scu.671632