Source: All England Reporter
Publisher Citation: [2005] All ER (D) 208 (Nov)
Court: Chancery Division

Judge Behrens QC sitting as a judge of the High Court

Representation Simon Mills (instructed by Malcolm Dear Whitfield Evans, Harrow) for the claimant.
  Michelle Stevens-Hoare (instructed by Stringfellow & Gowthorpe) for the defendant.
Judgment Dates: 16 November 2005


Landlord and tenant - Rent - Review - Rectification of lease - Common intention of parties - Whether rent review provisions omitted from underlease as result of mutual mistake.

The Case

In proceedings by which the claimant sought rectification of an underlease on the basis of mutual mistake, the court held, inter alia, that, although the party seeking rectification had to provide convincing evidence of mutual mistake, the standard of proof which had to be attained was the civil standard. In the instant case, rectification of the underlease would be ordered.

Practice Areas

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