![BL-2023-MAN-000072 - [2025] EWHC 2442 (Ch)](https://backend.juristeca.com/files/emisores/logo_O3rEzCI.png){kind=logo}
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IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS IN MANCHESTER
BUSINESS LIST (ChD)
Manchester Civil Justice Centre
1 Bridge Street West,
Manchester M60 9DJ
Before:
HHJ CAWSON KC
SITTING AS A JUDGE OF THE HIGH COURT
Between:
JAK PROPERTY JERSEY LIMITED (a company registered in Jersey) | Claimant |
- and – | |
TOGETHER COMMERCIAL FINANCE LIMITED | Defendant |
Samuel Hodge (instructed by JMW Solicitors LLP) for the Claimant
Jamal Demachkie (instructed by Priority Law Limited) for the Defendants
Hearing dates
9-11 September 2025
Approved Judgment
This judgment was handed down remotely at 10.30am on 26 September 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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HHJ CAWSON KC:
Meaning of clause 13 of the Deed of Postponement 21
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- 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