Source: All England Reporter
Publisher Citation: [2002] All ER (D) 314 (Apr)
Neutral Citation: [2002] EWCA Civ 560
Court: Court of Appeal, Civil Division
Judge:

Peter Gibson and Jonathan Parker LJJ
Representation Wayne Clark (instructed by Kosky Seal, Harrow) for the claimant.
  Mark West (instructed by Stevensons, Cambridgeshire) for the defendant.
Judgment Dates: 12 April 2002

Catchwords

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.

The Case

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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