||All England Reporter
|| All ER (D) 154 (Mar)
|| EWHC 503 (Ch)
||Chancery Division, Manchester District Registry
Judge Stephen Davies sitting as a judge of the High Court
||Alan Gourgey QC (instructed by DLA Piper UK LLP, Liverpool) for the claimant.
||Roger Stewart QC and Ben Elkington (instructed by Clifford Chance LLP) for the defendants.
||9 March 2011
Contract - Rectification - Written contract - Antecedent expressed accord on particular point - Parties entering into written contract for sale of shares in travel company - Parties previously agreeing that calculation of earnings before interest, taxation, depreciation and amortisation should exclude certain consultancy payments - Original contract and subsequent amended contract executed without provision for exclusion of such payments - Claimant trust company seeking rectification of contract - Whether parties entering contract under mistake - Whether rectification of contract should be ordered.
Contract Rectification. The Chancery Division of the High Court allowed the claimant trust company's application for rectification of a contract between the parties in respect of the sale of the share capital of a company. The court decided that all the parties had entered into the amended contract in the mistaken belief that it had corresponded with their common communicated intentions that the contract had operated so as to exclude certain 2007 payments from the calculation of the company's 2007 earnings before interest, taxation, depreciation and amortisation.
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases