||All England Reporter
|| All ER (D) 208 (Nov)
Judge Behrens QC sitting as a judge of the High Court
||Simon Mills (instructed by Malcolm Dear Whitfield Evans, Harrow) for the claimant.
||Michelle Stevens-Hoare (instructed by Stringfellow & Gowthorpe) for the defendant.
||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.
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.
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