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

Source: constructionblog.practicallaw.com

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

Source: www.tanfieldchambers.co.uk

High Court’s confidentiality comments could have unintended consequences in pension rectification cases – OUT-LAW.com

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.’

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OUT-LAW.com, 9th June 2016

Source: www.out-law.com

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

Source: www.iclr.co.uk

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

Source: www.lawgazette.co.uk

English courts taking ‘increasingly pragmatic’ approach to correcting pension scheme deeds, says expert – OUT-LAW.com

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.’

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OUT-LAW.com, 9th February 2016

Source: www.out-law.com

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

Source: www.newlawjournal.co.uk

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

Source: www.judiciary.gov.uk

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

Source: www.iclr.co.uk

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.’

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New Square Chambers, 28th November 2014

Source: www.newsquarechambers.co.uk

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

Source: www.no5.com

The costs of rectification – Law Society’s Gazette

‘This case continues to generate interesting discussion in the Supreme Court – this time on the issue of costs.’

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Law Society’s Gazette, 6th October 2014

Source: www.lawgazette.co.uk

Marley v Rawlings (No 2) – WLR Daily

Posted October 2nd, 2014 in appeals, costs, fees, law reports, mistake, rectification, solicitors, Supreme Court, wills by tracey

Marley v Rawlings (No 2); [2014] UKSC 51; [2014] WLR (D) 402

‘Where a mistake made by a solicitor in the execution of a will required its validity to be determined in litigation, funded in the High Court and the Court of Appeal on a traditional basis and in the Supreme Court under contingency fee agreements, the proper order for costs in the High Court and the Court of Appeal was that the solicitor’s insurers should pay the costs of both the successful claimant and the unsuccessful defendants, thereby short-circuiting the approach that, on a reasonable, but unsuccessful, challenge to the validity of a will, the costs should be borne by the estate.’

WLR Daily, 18th September 2014

Source: www.iclr.co.uk

Insurer to bear costs of mirror wills mix-up – Law Society’s Gazette

Posted September 19th, 2014 in appeals, costs, insurance, mistake, news, rectification, solicitors, Supreme Court, wills by tracey

‘The Supreme Court today ordered a solicitor’s insurer to pay the bulk of both parties’ costs over a wills dispute arising when a married couple each signed the wrong draft of a will.’

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Law Society’s Gazette, 18th September 2014

Source: www.lawgazette.co.uk

MacLeod and others v Gold Harp Properties Ltd – WLR Daily

Posted July 31st, 2014 in appeals, land registration, law reports, rectification by michael

MacLeod and others v Gold Harp Properties Ltd [2014] EWCA Civ 1084;  [2014] WLR (D) 345

‘Paragraph 8 of Schedule 4 to the Land Registration Act 2002 permitted the rectification of the land register where there were two competing derivative interests, the first of which had been mistakenly omitted or removed from the register, the second of which had been created during the period of mistaken deregistration and before the rectification of the register by the restoration of the first interest, so that the priority of the interests was changed in order that the first interest upon restoration was given the priority it would have had but for the mistake.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

Church Comrs for England v Hampshire County Council – WLR Daily

Church Comrs for England v Hampshire County Council [2014] EWCA Civ 634; [2014] WLR (D) 207

‘Regulation 5(4) of the Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007 provided a means for curing deficiencies in an application to register land as a town or village green under section 15 of the Commons Act 2006 and once that application was so cured it was treated as duly made on the date on which the original defective application was lodged. Whether an applicant had been afforded a “reasonable opportunity” by the registration authority to put a defective application in order, for the purposes of regulation 5(4), was a question of law for the court and was not reviewable only on Wednesbury grounds.’

WLR Daily, 14th May 2014

Source: www.iclr.co.uk

Global Witness and the journalism exemption: ICO to have the first go? – Panopticon

Posted May 2nd, 2014 in data protection, news, rectification, stay of proceedings by tracey

‘Panopticon has previously reported on the novel and important data protection case Steinmetz and Others v Global Witness [2014] EWHC 1186 (Ch). The High Court (Henderson J) has now given a judgment on a procedural point which will set the shape for this litigation.’

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Panopticon, 30th April 2014

Source: www.panopticonblog.com

When is it just to rectify the register of town or village greens under section 14 of the Commons Registration Act 1965? – New Square Chambers

Posted February 14th, 2014 in commons, land registration, news, rectification by sally

‘An erroneous decision to register land as a village green is catastrophic for the owner. Once
registered as a green, the land is effectively sterilised for ever. To put right a mistaken registration is not at all easy. This is for two reasons.’

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New Square Chambers, 7th February 2014

Source: www.newsquarechambers.co.uk

Supreme Court allows removal of incorrectly-registered land from village greens register despite delays – OUT-LAW.com

Posted February 7th, 2014 in commons, delay, land registration, news, rectification by tracey

‘The Supreme Court has allowed the removal of two pieces of land, that were incorrectly registered as town or village greens (TVGs), from the register preventing their redevelopment, despite the landowners’ lengthy delays in applying for the rectifications.’

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OUT-LAW.com, 7th February 2014

Source: www.out-law.com

Wills “mix-up” case – no reason for a flood of litigation – Halsbury’s Law Exchange

Posted February 7th, 2014 in mistake, news, rectification, solicitors, wills by tracey

‘Would it be a fantasy too far to imagine that the ghost of the late Lord Denning has been whispering in the ears of their Lordships Neuberger, Clarke, Sumption, Carnwath and Hodge? Possibly not, given the Denning-esque outcome in the wills “mix-up” case of Marley v Rawlings and another. The facts of the case were simple. Mr and Mrs Rawlings wanted mirror wills leaving everything to each other and thereafter to Terry Marley who they treated as a son. On 17 May 1999 their solicitor visited them with drafted wills for the purpose of execution. However, Mr Rawlings executed Mrs Rawlings’ will and vice versa. Both wrongly executed wills were witnessed by their solicitor and a secretary. Each will correctly used such relevant words as “his”, “her”, “testator” and “testatrix”.’

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Halsbury’s Law Exchange, 6th February 2014

Source: www.halsburyslawexchange.co.uk