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The Modern Law and Practice Governing Claims for Rectification for Mistake
2nd Edition
Practice Area:  Arbitration
ISBN:  9780414087354
Published by:  Sweet & Maxwell
Publication Date:  31 Dec 2021
Format:  eBook - ProView
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eBook - ProView
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Law and Practice of Rectification

  • Provides comprehensive guidance on how to deal with situations where a mistake has been made in the drafting of a legal document to the detriment of a client
  • Unravels the complex legal principles in this area and explains the remedies available
  • Covers rectification by construction and by way of the remedy of rectification
  • Discusses rectification remedies in various fields of law, including commercial, Chancery, property, pensions and general civil litigation
  • Shows how best to advise clients on the merits of bringing a claim for rectification to court
  • Explains how to litigate a claim and how to defend against one
  • Advises on how to settle rectification litigation
  • Analyses the key judgments in this area in recent years, both English decisions and those from other common law jurisdictions
  • Looks at documents where special considerations apply
  • Includes precedents for use in court proceedings

New to this edition:

  • A major new chapter on the concept of a common accord
  • New sections on duty of care, estoppel by convention, the rectification of the land and company charges registers, motor insurance policies and statutes, alternative claims for rectification for common and unilateral mistake, unopposed applications, court orders and private hearings
  • New appendices digesting cases on the rectification of wills and trusts and pension scheme documents
  • Detailed consideration and analysis of the Court of Appeal’s decision in Daventry District Council v Daventry & District Housing, including reference to academic and extra-judicial commentary thereon and subsequent authorities addressing the objective approach to the common intention required for common mistake rectification
  • Consideration of Lord Hoffmann’s latest contribution to the issue of common intention in the Hong Kong case of Kowloon Development Finance v Pendex Industries
  • Detailed consideration of Marley v Rawlings, the first case on the rectification of wills to reach the Supreme Court
  • Commentary on the Court of Appeal’s decision in Day v Day on the rectification of unilateral instruments
  • Discussion of the correction of mistakes in publicly accessible documents following the Court of Appeal’s decision in Cherry Tree Investments v Landmain
  • Consideration of the many new cases decided since the first edition in 2010
  • A new foreword by Lord Justice Briggs who decided Chartbrook v Persimmon Homes at first instance  
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