||All England Reporter
|| All ER (D) 29 (Apr)
|| EWCA Civ 370
||Court of Appeal, Civil Division
Mummery, Scott Baker LJJ and Sir Charles Mantell
||Jeremy Garrood (instructed by RJR Solicitors) for the landlord.
||Timothy Morshead (instructed by Gurney-Champion & Co) for the tenant.
||4 April 2006
Landlord and tenant - Lease - Construction - Rectification - Whether lease of first floor flat including loft space - Whether tenant entitled to rectification of lease.
Whilst the judge's construction of a lease had been correct, the tenant had a clear case for rectification. The judge had been wrong to treat 'an outward expression of accord' as a strict legal requirement for rectification in a case such as the instant case, where the party resisting rectification had in fact admitted that his true state of belief when he entered into the transaction was the same as that of the other party and there was therefore a continuing common intention which, by mistake, had not been given effect in the relevant legal document. It had been the trend in recent cases to treat the expression 'outward expression of accord' more as an evidential factor rather than a strict legal requirement in all cases of rectification.
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