Company pension trustees granted a sub-lease to the company, and the same solicitor acted for both parties. The company sought rectification of what it claimed was a mistake in the lease. Despite the absence of any clear evidence of the precise nature of the mistake, without any outward expression of accord from which a common intention could be derived, rectification was available where the mistake was as to the language. The trustees should not be prevented from seeking to show their case. The absence of any outward and explicit instructions was not enough to defeat an application for rectification of the agreement, provided there was convincing proof of the common intention asserted.
Citations:
Gazette 01-Dec-1999, Times 11-Jan-2000
Jurisdiction:
England and Wales
Contract, Equity
Updated: 04 June 2022; Ref: scu.83272
