[2008] EWCA Civ 691, 19 June 2008. The case shows that the courts will rely on good business sense to correct errors in documentation. A tenant (B) took a business lease on a building owned by H, which provided that, should the owner wish to sell the freehold, the tenant would have first refusal. When the tenant tried to use this right, a dispute arose over the basis for valuing the property i.e. whether or not this should be vacant possession or subject to the lease. The tenant went to court and successfully had the terms of the lease, including the valuation method, clarified in its favour. The appellant owner (H) appealed against the order rectifying the lease. Held: appeal dismissed. The original judge's decision and his rectification order made commercial sense. The judge was entitled to find that valuation of the freehold should be subject to the lease and deleting reference to vacant possession as this expressed the common intention of the parties.