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HARRIET BROWN explains how the adverse tax consequences of a deed of variation were rectified
KEY POINTS
- The factors affecting rectification.
- When will a rectification not be ordered?
- A review of past cases.
- Distinctions between intention and effects.
- Danger of reliance on the principle of rectification.
‘To err is human; to forgive divine’ and there are very few of us who have never made a mistake. Wrongly attributing this quote to Shakespeare is unlikely to be a critical misstatement but allowing an error to creep into a legal document such that it does not accurately record the intentions of the parties to it can have much more serious consequences.
Unfortunately it does happen and where a document does not accurately record the agreement between parties the court will under certain circumstances rectify it.
The decision in the recently-decided case of Ashcroft v...
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