Rowallan Group Ltd v Edgehill Portfolio No 1 [electronic resource]
Language: English Publication details: 2007Subject(s): Online resources: Summary: [2007] EWHC 32 (Ch). 19 January 2007. By the agreement, the respondent had agreed to sell its lease of business premises to the appellant. The heads of terms provided that the appellant would pay the outstanding instalments of the premium for the lease. It had been amended to provide that the respondent would, on completion, supply the appellant with a receipt for an instalment due. The respondent sought rectification of the agreement on the ground that it had mistakenly believed that the amendment did not alter the term previously agreed in the heads of terms that the appellant would be liable to pay the instalment due. "Held": the respondent had no real prospect of establishing its pleaded case claiming rectification on the ground of unilateral mistake. The amendment unequivocally imposed the obligation on the respondent to pay the instalment due| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 136681-1001 |
[2007] EWHC 32 (Ch). 19 January 2007. By the agreement, the respondent had agreed to sell its lease of business premises to the appellant. The heads of terms provided that the appellant would pay the outstanding instalments of the premium for the lease. It had been amended to provide that the respondent would, on completion, supply the appellant with a receipt for an instalment due. The respondent sought rectification of the agreement on the ground that it had mistakenly believed that the amendment did not alter the term previously agreed in the heads of terms that the appellant would be liable to pay the instalment due. "Held": the respondent had no real prospect of establishing its pleaded case claiming rectification on the ground of unilateral mistake. The amendment unequivocally imposed the obligation on the respondent to pay the instalment due