Rectification Definition

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GLOSSARY

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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.

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Drafting a building contract/schedule of amendments—checklist

Drafting a building contract/schedule of amendments—checklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method—construction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters • Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor’s company number and name at Companies House. • Obtain consultants’ details Confirm the full details of the consultants engaged by the employer; some...

Completing the JCT 2016 Minor Works Building Contract Particulars—checklist

Completing the JCT 2016 Minor Works Building Contract Particulars—checklist The Agreement, Recitals, Articles and Contract Particulars at the start of a JCT contract set out the project specific details for the particular works to be carried out. It is very important that these are fully completed and that the details are correct to avoid ambiguity and disputes regarding what is required. This Checklist provides practical guidance as to how to complete the details including links to relevant Practice Notes which provide detailed information on the areas covered. It is aimed at those who are relatively new to dealing with JCT contracts. An employer will often arrange for the architect/contract administrator or other consultant to complete the particulars at the start of the contract and will then ask its lawyer to check the contract before the parties execute it. Alternatively, a lawyer may be asked to fill in all of the details but they will need input from the client or its consultants as to the details to be inserted. This...

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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...

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Consultancy agreement—company and individual—pro-client (short form)

Consultancy agreement—company and individual—pro-client (short form) [ON HEADED NOTEPAPER OF CLIENT COMPANY] [Insert consultant’s name] [Insert consultant’s address] [Insert date] Dear [insert consultant’s name] [ Consultancy agreement OR Insert name of project ] Further to our recent discussions, I am pleased to confirm the terms of our agreement regarding the provision of your consultancy services to [insert name of client company] (Company). 1 Term 1.1 [Subject to the terms set out in this letter, your engagement [will commence OR commenced] on [insert date] and will continue unless or until either party gives to the other not less than [insert number] [weeks’ OR months’] prior notice in writing. OR 1.2 Your engagement will be for a fixed period of [insert number] months from [insert date], subject to the terms of this letter and subject to the right of either the Company or you to give to the other not less than [number] [weeks’ OR months’] notice in writing during such fixed period terminating the...

Privacy notice for trustees—UK GDPR compliant

Privacy notice for trustees—UK GDPR compliant We take your privacy very seriously. Please read this privacy notice carefully as it contains important information on who we are and how and why we collect, store, use and share your personal data. It also explains your rights in relation to your personal data and how to contact us or supervisory authorities in the event you have a complaint. We collect, use and are responsible for certain personal data about you. When we do so we are subject to the UK General Data Protection Regulation (UK GDPR). [We are also subject to the EU General Data Protection Regulation (EU GDPR) in relation to individuals [and our wider operations ]in the European Economic Area (EEA)]. Key terms It would be helpful to start by explaining some key terms used in this notice: We, us, our [Insert full legal name of all the trustees or, if the trustees are a professional firm, insert the firm’s name (if acting...

Dive into our 41 Precedents related to Rectification

Pensions weekly highlights—17 April 2025

This week's edition of Pensions weekly highlights includes a review of key news stories, some new content as well as dates for your diary and trackers.

Latest FCA Regulatory Initiatives Grid includes four new entries for pensions

The Financial Conduct Authority (FCA) has published the eighth edition of its Regulatory Initiatives Grid (April 2025) setting out the planned regulatory initiatives for the next 24 months so that the financial services industry and other stakeholders can understand and plan for the timing of the initiatives that may have a significant operational impact on them.

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