The court considered what counted as a clerical error: ‘And in every case which has occurred, it has plainly been intended to do no more than to amend mere slips or clerical errors made by the parties, or the agents of the parties, who intending to make an accurate enrolment, have, by mere inadvertence, made an enrolment which was not what it purported to be, a true statement of that which the party intended at the time . . .’
Judges:
Langdale MR
Citations:
(1840) 3 Beav 245, 49 ER 96
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Commissioner of Patents, ex parte Martin 1953
(Australia) The applicant sought registration of a patent. In his application, he accidentally described himself as the originator of the idea, whereas in fact he was the assignee.
Held: The court construed the provision of patent law: ‘The . .
Cited – Wordingham v Royal Exchange Trust Co Ltd and Another ChD 6-May-1992
A testatrix revoked her earlier will and, by an oversight and contrary to the testatrix’s instructions, her solicitor had failed to repeat in her later will, provisions of the earlier will exercising a testamentary power of appointment. The clerical . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 02 June 2022; Ref: scu.242600
