Appeal against refusal of order to rectify a conveyance of 1985.
Held: The conveyance was in the nature of a voluntary settlement and in such a case what is relevant is the subjective intention of the settlor.
Judges:
Sir Terence Etherton Ch, Elias, Lewison LJJ
Citations:
[2013] EWCA Civ 280, [2014] 1 Ch 114, [2013] WTLR 817, [2013] 3 All ER 661, [2013] 3 WLR 556, [2013] WLR(D) 129
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – FSHC Group Holdings Ltd v Glas Trust Corporation Ltd CA 31-Jul-2019
Rectification – Chartbrook not followed
Opportunity for an appellate court to clarify the correct test to apply in deciding whether the written terms of a contract may be rectified because of a common mistake.
Held: The appeal failed. The judge was right to conclude that an . .
Lists of cited by and citing cases may be incomplete.
Trusts, Equity
Updated: 17 July 2022; Ref: scu.472062