Mummery LJ expressed the view that an outward expression of accord, although established on the facts of that case, was not a strict legal requirement for rectification where the party resisting rectification had in fact admitted that his true state of belief when he entered into the transaction was the same as that of the other party. Mummery LJ saw the trend in recent cases as being ‘to treat the expression ‘outward expression of accord’ more as an evidential factor rather than a strict legal requirement in all cases of rectification.’
Judges:
Lord Justice Mummery Lord Justice Scott Baker The Right Honourable Sir Charles Mantell
Citations:
[2006] EWCA Civ 370
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.
Landlord and Tenant, Equity
Updated: 15 July 2022; Ref: scu.242008
