||All England Reporter
|| All ER (D) 314 (Apr)
|| EWCA Civ 560
||Court of Appeal, Civil Division
Peter Gibson and Jonathan Parker LJJ
||Wayne Clark (instructed by Kosky Seal, Harrow) for the claimant.
||Mark West (instructed by Stevensons, Cambridgeshire) for the defendant.
||12 April 2002
Contract - Sale of land - Rectification - Claimant transferring property to defendant - Defendant failing to preserve claimant's interest in two flats - Claimant seeking rectification of transfer - Judge ordering rectification of transfer - Whether judge in error.
If a court was to order rectification in a case where it was alleged that there had been a mistake common to the parties, there might be more than one way of achieving the common intention, and there was no principle that equity should be prevented from giving relief merely because the parties had not agreed the mechanics by which effect should be given to a clear and simple common intention. In the instant case, the claimant had not pleaded inconsistent common intentions; it had pleaded inconsistent ways in which the pleaded common intention could have been given effect and the judge had therefore been entitled to order rectification of the transfer of property between the parties.
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