Source: All England Reporter
Publisher Citation: [2004] All ER (D) 339 (Feb)
Court: Chancery Division

Etherton J

Representation Ruth Jordan (instructed by Trowers & Hamlins) for the claimant.
  The defendant did not appear and was not represented.
Judgment Dates: 20 February 2004


Mistake - Rectification - Settlement - Intention of settlor - Consideration of evidence.

The Case

It was well established that voluntary settlements could be rectified or set aside as a result of ignorance or mistake. A settlor who sought rectification had to establish his case by 'strong irrefragible evidence'.

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