Rectification Definition

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What does Rectification mean?

Alteration of the Register of Title which involves the correction of a mistake and which prejudicially affects the title of a registered proprietor.

Rectification and alteration are provided for by Schedule 4 to the Land Registration Act 2002. Where rectification takes place, the registered proprietor may be entitled to an indemnity under Schedule 8 to the Land Registration Act 2002.

View the related checklists about Rectification

Post-completion environmental issues (asset purchase)—checklist

Post-completion environmental issues (asset purchase)—checklist In an asset purchase transaction, the buyer acquires only those assets and assumes only those liabilities it wishes to acquire (as set out in the asset purchase agreement). Post-completion, the buyer may need to deal with specific environmental, health and safety (EHS) issues, revealed through due diligence. For example, the buyer may need to transfer or apply for a permit, join a packaging waste compliance scheme or improve health & safety documentation post completion. Common post completion EHS issues in asset purchase transactions include: • transferring environmental permits • checking whether the purchase has triggered any new obligations under environmental regimes, such as producer responsibility, energy efficiency and carbon schemes • addressing issues raised in any environmental audits and reports and any contract conditions • advising on environmental insurance and other risk mitigation strategies • obtaining reliance agreements or collateral warranties for reliance on environmental reports Transfer of environmental permits In an asset sale, the name of the operator/permit holder will change. As a result,...

Perfecting security in real estate finance transactions—checklist

Perfecting security in real estate finance transactions—checklist This Checklist sets out the steps which property lawyers need to take to perfect security in a real estate finance transaction. Real estate finance lenders will typically want to take a full security package over all of the assets relating to the real estate. A real estate lawyer in a multi-disciplinary team will likely be responsible for arranging or inputting into the following securities and documentation: • security over the land, rental income, insurance proceeds, development and construction and contractual rights • reviewing the management agreement and negotiating a duty of care agreement (although in a multi-disciplinary team, this is sometimes handled by the banking and finance lawyer) • dealing with completion undertakings and post completion registration of the legal charge at Companies House and HM Land Registry as well as giving third party notices regarding rent payment, notice of charge where necessary of assignment of contractual rights or warranties See Practice Notes: Security in real estate finance transactions, Taking security over land...

UK design infringement action—flowchart

UK design infringement action—flowchart This Flowchart provides an overview of a UK design infringement action. The specific right relied on could be one of the following design rights which coexist in the UK: • UK registered designs (including re-registered designs) • UK unregistered designs (sometimes referred to as ‘design right’) • supplementary unregistered designs For more information about these rights, see Practice Note: UK registered and unregistered designs. Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Infringement of UK registered and unregistered designs • Design disputes—a practical guide • How to run an IP dispute • Copyright in designs • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme • Disclosure scheme—when and where it applies Claim preparation and pre-action matters—Precedent • Timetable for disclosure—Business and Property Courts disclosure pilot Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Stage 2—Letter before action...

Handling data subject requests—flowchart

Handling data subject requests—flowchart The UK General Data Protection Regulation (UK GDPR) provides a number of rights for data subjects, including providing a right of access to their personal data, rights to rectification, erasure, restriction of processing and data portability, a right to object to processing and a right not to be subject to a decision based solely on automated decision making, including profiling. Data subjects can make a request to an organisation to exercise one or more of these rights at any time and there are strict time limits for complying with requests made. See Practice Note: How to handle data subject requests. This Flowchart maps out a process for handling data subject requests received under the UK GDPR. It reflects requirements in the UK GDPR together with guidance issued by the Information Commissioner’s Office (ICO). It should be read in conjunction with Practice Note: How to handle data subject requests and the following detailed Flowcharts for handling requests under specific data subject rights: • Evaluating a data subject...

Rectification—mutual mistake

Rectification is an equitable remedy by which the court can correct an error of expression where a written document does not match the parties' intention. It is available only in relation to written contracts and other documents. An oral agreement cannot be rectified. This Practice Note explains the principles applicable in considering whether an error can be corrected by interpretation rather than rectification and the elements of a claim for rectification for mutual or common mistake. For more information in respect of a mistake made by one party, see Practice Note: Rectification—unilateral mistake.Interpretation or rectification?The starting point in considering a claim for the correction of an error is to ask whether the error can be solved by means of interpretation rather than rectification. At common law, rectification is not available and so the only way in which an error of expression can be corrected at common law is by applying the ordinary rules of interpretation. As a matter of principle, the equitable remedy of rectification ought not to be granted...

Rectification—unilateral mistake

Rectification is an equitable remedy by which the court can correct an error of expression where a written document does not match the parties' intention. It is only available for written contracts and other documents (not oral agreements). This Practice Note explains when a solicitor is under a duty to point out unilateral drafting errors and when a unilateral mistake is simply an error of judgment.For rectification for common mistake, see Practice Note: Rectification—mutual mistake.When is rectification available?Rectification for unilateral mistake is available where one party makes a mistake in a document, the other party is aware of the error in their favour, and unconscionably takes advantage of it. Three elements must be present:•by the claimant’s mistake the agreement did not give effect to their subjective intention at the time of execution•there was no mistake by the defendant•the defendant was aware of the claimant’s mistake at the time of execution, and there was unconscionable behaviour by inducing execution or by standing by and allowing itIn Littman v Aspen Oil there...

Discover our 599 Practice Notes on Rectification

Environmental rectification work clause

Produced in partnership with ELM Law 1 Asbestos in buildings 1.1 As soon as reasonably practicable after the Completion Date the Seller and the Buyer must jointly instruct a UKAS accredited or ABICS certified asbestos surveyor to: 1.1.1 undertake an asbestos management survey at the Property (which will also form an asbestos register) to assess what asbestos remedial work if any is required to make the Property compliant with the Control of Asbestos Regulations 2012, SI 2012/632; and 1.1.2 prepare an asbestos management plan for the Property. ...

Scott Schedule—defects

Scott Schedule—defects No. Defect Term of contract Breached Remedial cost Defendant’s response Judge’s comments 1 Serious corrosion appearing

Dive into our 166 Precedents related to Rectification

Instead of rectification, can the Chartbrook principle (Chartbrook v Persimmon) be used to correct a drafting error in a contract that was intended to have a clause providing for auto-renewal at the end of the contract, but which contains a drafting error which renders the auto-renewal clause nonsensical?

Instead of rectification, can the Chartbrook principle (Chartbrook v Persimmon) be used to correct a drafting error in a contract that was intended to have a clause providing for auto-renewal at the end of the contract, but which contains a drafting error which renders the auto-renewal clause nonsensical? Rectification is an equitable remedy aimed at amending a document to accord with the intention of the parties. Parties to a contract may have had a common intention or understanding when they drew up their contract as to what it meant but, somehow, that meaning has not been reflected in the drafting, ie it is different from the objective meaning of the contractual document as ascertained in accordance with the rules of contract interpretation. Alternatively, a mistake may be able to be corrected by means of construction ie, seeking a declaration of the court as to the meaning of the relevant clause, rather than by applying for rectification. In Investors Compensation Scheme v West Bromwich Building Society, Lord Hoffmann set out...

Where the decree absolute/final order reflects the names of the parties as per the marriage certificate, but the marriage certificate itself is incorrect, can the decree absolute/final order be amended without seeking to amend the original marriage certificate? The parties were married abroad

Where the decree absolute/final order reflects the names of the parties as per the marriage certificate, but the marriage certificate itself is incorrect, can the decree absolute/final order be amended without seeking to amend the original marriage certificate? The parties were married abroad It is possible for the court to correct an irregularity in a final divorce order. This power is provided for by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 29.16 (the slip rule) or FPR 2010, SI 2010/2955, 4.1(6) (power to vary or revoke). An application under the slip rule may be made without notice, but is perhaps better suited to minor corrections, for example, a spelling mismatch between the marriage certificate and the final order. It is suggested that in the circumstances outlined in the question an application on notice adopting the FPR 2010, SI 2010/2955, Pt 18 procedure invoking FPR 2010, SI 2010/2955, 4.1(6) may be more appropriate. In X v Y (Divorce: Rectification of Decrees), McFarlane P relied on this power to...

See the 162 Q&As about Rectification

Private Client weekly highlights—12 December 2024

This week’s edition of Private Client highlights includes: (1) JTC Employer Solutions Trustee Ltd v Garnett, in which the High Court granted rescission of deeds of appointment executed for EBTs on grounds of mistake; (2) Oldham MBC v KZ, in which the Court of Protection authorised a care plan for a deaf man with fluctuating capacity; (3) Rupert Grint v HMRC, where the FTT held that sales of occupation income provisions applied to a capital sum received by the taxpayer on the incorporation of his business; (4) Tianrui IHC v China Shanshui Cement Group Ltd (Cayman Islands), a Privy Council decision on a shareholder’s personal standing to challenge the dilution of its shareholding; (5) Aabar Holdings S.A.R.L v Glencore plc, a decision which casts doubt on a shareholder’s entitlement to see a company’s privileged documents; and (6) HMRC publishes minutes of the November meeting of joint HMRC/industry working group on the non-dom changes.

Family weekly highlights—12 December 2024

This week's edition of Family weekly highlights includes a review of the most significant family law developments in 2024 and discussion of what might be the key developments in 2025. Details of the Transparency and Open Justice Board's invitation to respond to its proposed key objectives, Family Justice Council guidance on responding to allegations of alienating behaviour and updated MyHMCTS How to apply online for a divorce or dissolution guidance are set out. The expansion of the transparency reporting pilot for financial remedy proceedings and recent judgments on failure to provide accommodation and care proceedings are considered. New graphics added to Lexis+ Family Practical Guidance in 2024 are also set out.

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