Third time lucky: ChD reconsiders failed unopposed rectification claim – Pensions Barrister

Posted August 24th, 2023 in evidence, news, rectification, wills by sally

‘A claimant has succeeded in obtaining rectification of a deed of appointment supplemental to a Will – but only on appeal to the Judge after the Master gave an opportunity to improve on the evidence (before the Master dismissed the claim) – and even though the application was unopposed: Laird v Simcock. Paul Newman KC has written a casenote highlighting the quality of evidence required for unopposed rectification applications.’

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Pensions Barristers, 24th August 2023


Rectification of the Land Register – 39 Essex Chambers

‘The Court of Appeal in Dhillon v Barclays Bank Plc and the Chief Land Registrar [2020] EWCA Civ 619 has recently given judgment in an important case involving the rectification of the Land Register. It has given new guidance on the test of ‘exceptional circumstances’ in Schedule 4 of the Land Registration Act 2002. It has also repeated a warning to practitioners that pleadings should clearly identify the issues to be resolved.’

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39 Essex Chambers, 1st July 2020


Univar UK Ltd v Smith [2020] EWHC 1596 (Ch): rectification of pension schemes after FSHC – Wilberforce Chambers

Posted June 25th, 2020 in indexation, news, pensions, rectification, trusts by sally

‘On 19 June 2020, Mr Justice Trower handed down judgment granting rectification of the Univar Company Pension Scheme (1978), in the first pension rectification claim decided after a full trial since the landmark decision of the Court of Appeal in FSHC Group Holdings Ltd v GLAS Trust Corp Ltd [2019] EWCA Civ 1361.’

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Wilberforce Chambers, 22nd June 2020


Altering the Land Register on Grounds of Mistake by Mark Diggle – Ropewalk Chambers

Posted November 19th, 2019 in land registration, mistake, news, rectification by sally

‘The starting point for the Law Commission when considering the reform of land registration was that the register should be as complete and accurate a record of information relevant to the title of a particular estate in the land as is possible1. It is generally recognized that the Land Registration Act 2002 has gone a long way to achieving this aim prompting one judge to say “… the Land Registration Act 2002, (the “2002 Act”) is not merely a scheme for registering title. It is a scheme of title by registration.”2 It is clear that in achieving that purpose the title conferred by the register should be indefeasible. However, it is accepted that no register of title can ever be wholly accurate and complete. For example, the existence of unregistered overriding interests means that the register entry of any title might not necessarily show certain incumbrances. Mistakes in the register are another example where the register entry might not completely or accurately record the information relevant to a title. Mistakes are potentially crucial because unlike unregistered overriding interests, mistakes are not necessarily easily discoverable and, at present at least, there is no time limit for altering the register as a consequence of such mistakes. This paper will examine the current law relating to mistakes in the Land Register, and will also consider the proposals for reform.’

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Ropewalk Chambers, 7th November 2019


Rectification Rectified – FSHC Group Holdings Ltd v GLAS Trust Corporation Ltd – Hardwicke Chambers

‘In this key decision, the Court of Appeal gives detailed consideration to the principles underpinning various doctrines in contract to ascertain the correct test for rectification of a written instrument because of the presence of a common mistake.’

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Hardwicke Chambers, 12th August 2019


David Lascelles writes on important Court of Appeal decision on Rectification – Littleton Chambers

Posted August 29th, 2019 in contracts, mistake, news, rectification by sally

‘The Court of Appeal handed down judgment yesterday [2 August] in FSHC Group Holdings Ltd v Glas Trust Corporation Limited [2019] EWCA Civ 1361.’

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Littleton Chambers, 2nd August 2019


Clancy Docwra Ltd v E.ON Energy Solutions Ltd [2018] EWHC 3124 (TCC) – Hardwicke Chambers

Posted February 20th, 2019 in building law, construction industry, contracts, documents, news, rectification, tenders by sally

‘In this case tender documentation appended to the Sub-Contract documentation had the effect of limiting the scope of obligations under the Sub-Contract.’

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Hardwicke Chambers, 25th January 2019


Lord Briggs at the Denning Society Annual Lecture, Lincoln’s Inn – Supreme Court

Posted November 16th, 2018 in equity, estoppel, fiduciary duty, forfeiture, lectures, rectification, solicitors by tracey

‘Lord Briggs at the Denning Society Annual Lecture, Lincoln’s Inn.’

Full speech

Supreme Court, 8th November 2018


Organ preservation, cryonics and charity law: Hipkiss – Law & Religion UK

Posted September 20th, 2018 in charities, human tissue, news, rectification, tribunals by tracey

‘In November 2016, the BBC carried the story Terminally-ill teen won historic ruling to preserve body, following the lifting the territorial reporting restrictions which existed until one month after the death of the teenager concerned, a girl referred to as “JS”: see JS (Disposal of Body), Re [2016] EWCH (Fam). We noted the case here and looked at some of the more general practicalities of regulating cryogenic preservation – the storage of the brains and/or bodies of legally-dead humans at low temperatures. In the aftermath of the ruling in JS, the Charity Commission for England and Wales decided in 2017 to remove the Human Organ Preservation Research Trust (HOPRT) from the Register; and in Hipkiss v Charity Commission for England & Wales [2018] FTT (Charity) CA/2017/0014, Mr Graham Hipkiss, its sole remaining trustee, succeeded in an appeal to the First Tier Charity Tribunal against the order of the Commission.’

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Law & Religion UK, 17th September 2018


Condition precedents and the rule against redundancy in contract interpretation – Practical Law: Construction Blog

Posted November 15th, 2017 in construction industry, contracts, interpretation, news, rectification by tracey

‘In Interserve Construction Ltd v Hitachi Zosen Inova AG, the court was asked to interpret the termination provisions of a contract to determine whether there was a condition precedent clause.’

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Practical Law: Construction Blog, 15th November 2017


In what circumstances can a court alter or rectify the land register where there has been a “mistake”? – Tanfield Chambers

Posted August 22nd, 2017 in appeals, land registration, mistake, mortgages, news, rectification by sally

‘It is well known that the governing principle of the Land Registration Act 2002 is to enable anyone to be aware of any interest affecting a piece of land by simply inspecting the land register (subject to some limited exceptions, e.g. where a person is in occupation and their interest is likely to be obvious from a reasonable inspection). If an interest affecting the land is not noted within the register then it ought not bind a subsequent registered proprietor.’

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Tanfield Chambers, 4th August 2017


High Court’s confidentiality comments could have unintended consequences in pension rectification cases –

Posted June 9th, 2016 in confidentiality, news, rectification, trusts by sally

‘Comments by a High Court judge during a recent application for rectification of a pension trust deed could have “unintended consequences” for future applications, an expert has said.’

Full story, 9th June 2016


In re G (Human Fertilisation and Embryology Act 2008) – WLR Daily

In re G (Human Fertilisation and Embryology Act 2008) [2016] EWHC 729 (Fam)

‘The applicant, X, who was at all material times in a same-sex relationship with Y, was the biological mother of twins, born as a result of IVF treatment provided by a licensed fertility clinic to Y, the gestational mother and the twins’ legal parent. Y was at all material times in a civil partnership with, though separated from, another woman who was not a party to the proceedings. Y, as the gestational mother, should have signed Form WP, and X, as her partner, should have signed Form PP. In fact, and as a result of what was accepted to have been errors by the clinic, Y completed and signed a Form PP and X completed and signed a Form WP. A similar mistake was made in relation to the Form IC signed by both Y and X. X, supported by Y, sought a declaration pursuant to section 55A of the Family Law Act 1986 that she was, in accordance with section 43 of the Human Fertilisation and Embryology Act 2008, the legal parent of the twins and in the circumstances it was common ground that X was entitled to the relief she sought. The issues were: (1) whether that was a conclusion that the court could come to simply by a process of construction or whether the proper form of order was a decree of rectification and (2) arising out of the fact that Y was at all material times in a civil partnership with another woman, the potential impact of section 42(1) of the Human Fertilisation and Embryology Act 2008 which provided: “If at the time of the placing in her of the embryo or the sperm and eggs or of her artificial insemination, W was a party to a civil partnership or a marriage with another woman, then subject to section 45(2) to (4), the other party to the civil partnership or marriage is to be treated as a parent of the child unless it is shown that she did not consent to the placing in W of the embryo or the sperm and eggs or to her artificial insemination … ”’

WLR Daily, 6th April 2016


Firm sees off £100k CoA claim after admitting negligence – Law Society’s Gazette

Posted March 22nd, 2016 in appeals, damages, law firms, negligence, news, rectification by sally

‘A law firm that admitted negligence has fought off a £100,000 claim after the court decided no harm was caused by its mistake.’

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Law Society’s Gazette, 21st March 2016


English courts taking ‘increasingly pragmatic’ approach to correcting pension scheme deeds, says expert –

Posted February 11th, 2016 in courts, documents, employment, news, pensions, rectification by sally

‘A run of recent decisions shows the “increasingly pragmatic approach” that the courts in England are adopting when faced with applications to fix mistakes in pension scheme deeds, an expert has said.’

Full story, 9th February 2016


Fertile ground – New Law Journal

Posted November 16th, 2015 in assisted reproduction, consent, mistake, news, rectification by sally

‘Kirstie Gibson considers the court’s approach to the acquisition of parenthood.’

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New Law Journal, 13th November 2015


Contract Formation and the Fog of Rectification – Speech by Sir Terence Etherton

Posted April 30th, 2015 in contracts, news, rectification, speeches by sally

Contract Formation and the Fog of Rectification (PDF)

Speech by Sir Terence Etherton

Judiciary of England and Wales, 24th April 2015


Swift 1st Ltd v Chief Land Registrar – WLR Daily

Swift 1st Ltd v Chief Land Registrar [2015] EWCA Civ 330; [2015] WLR (D) 167

‘The proprietor of a registered charge which turned out to have been a forged disposition was entitled to payment by way of indemnity under Schedule 8 to the Land Registration Act 2002 in circumstances where the registered proprietor and rightful owner of the property was in actual occupation at the date of the disposition.’

WLR Daily, 1st April 2015


Effect of rectification of the register under the Land Registration Act 2002 – New Square Chambers

Posted December 3rd, 2014 in appeals, land registration, news, rectification, restrictive covenants by sally

‘Gold Harp Properties Ltd v Macleod & Others [2014] EWCA Civ 1084 is a very important Court of Appeal decision explaining the effect of rectification of the register following a mistake. The effect on the priority of interests created after the mistake but before the rectification is different from what many in the profession thought it was.’

Full story (PDF)

New Square Chambers, 28th November 2014


Rectification of Wills Following Marley v Rawlings – No. 5 Chambers

Posted October 15th, 2014 in appeals, documents, news, rectification, Supreme Court, wills by sally

‘David Mtichell, member of No5 Chambers Commercial & Chancery Group, recently gave a talk titled ‘Rectification of Wills Following Marley v Rawlings’ at the No5 Estates Seminar held on 25th September.’

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No. 5 Chambers, 15th October 2014