Conclusion regarding rectification
Conclusion regarding rectification
I am satisfied that Together has satisfied on the evidence the various requirements of its case in rectification, and that clause 13 of the Deed of Postponement ought to be rectified so that it reads as referred to in paragraph 63 above if, contrary to my primary submission, clause 13 falls to be construed in the way contended by JAK.
- Heading
- Rectification 60
- Overall conclusion 135
- Background
- Meaning of Clause 13 of the Deed of Postponement
- Correct approach to contractual interpretation
- The proper meaning of clause 13 of the Deed of Postponement
- Rectification
- The legal principles to be applied
- The witnesses
- The pre-Deed of Postponement correspondence
- Is Together’s case for rectification made out?
- Common continuing intention
- Outward expression of accord
- Continuing intention
- Mistake
- Terms of proposed rectified clause 13
- Conclusion regarding rectification
- Conclusions
![BL-2023-MAN-000072 - [2025] EWHC 2442 (Ch)](https://backend.juristeca.com/files/emisores/logo_O3rEzCI.png)