09 May 2014
Giles v The Royal National Institute for the Blind and others [2014] EWHC 1373 (Ch), [2014] All ER (D) 36 (May)
In determining whether a deed of variation should be rectified, the Chancery Division considered Racal Group Services Ltd v Ashmore [1995] STC and in particular the Court of Appeal’s holding that while equity had the power to rectify a written instrument so that it accorded with the true intention of its maker, as a discretionary remedy, rectification was to be treated with caution.
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