||All England Reporter
|| All ER (D) 28 (Aug)
||Queen's Bench Division
William Blair QC sitting as a deputy judge of the High Court
||Bitu Bhalla (instructed by Saunders & Co) for the claimant.
||Adrian Davies (instructed by Fenwick & Co) for the defendant.
||5 August 2004
Mistake - Mistake of fact - Common mistake - Application to set aside Tomlin order - Existence of common mistake - Effect of common mistake on compromise agreement.
On the facts, there had been a common mistake on the part of both parties as regards the figure agreed on in the Tomlin order, however, that mistake had not prevented a contract from coming into existence, nor had it made the settlement of the interest claim essentially different from what the parties had believed it to be. Accordingly, the performance of the contract was still possible.
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