The Girls' Day School Trust v GDST Pension Trustees Ltd & Anor

The Girls' Day School Trust v GDST Pension Trustees Ltd & Anor

The executed Definitive Deed did not reflect the parties’ objectively established common intention, which was to execute Version 2. The mistake was established by compelling documentary evidence, and there was no real prospect of any defence. Rectification was therefore ordered by way of summary judgment.

Parties
Claimant: The Girls’ Day School Trust; First Defendant: GDST Pension Trustees Limited; Second Defendant (representative Defendant): Vivienne Chartres
Jurisdiction
England and Wales
Judgment Date
26 May 2016
Procedural Posture
Civil (pensions/trusts) / Summary Judgment Application for Rectification
Outcome
Summary judgment granted; rectification ordered
Legal Topics
Rectification of Trust Deed, Summary Judgment, Representative Proceedings, Mistake in Legal Documents
Trust Law Pensions Law Equity Rectification of Trust Deed Summary Judgment Representative Proceedings Mistake in Legal Documents

Case Brief

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Parties

The Girls’ Day School Trust

Claimant

GDST Pension Trustees Limited

First Defendant

Vivienne Chartres

Second Defendant (representative Defendant)

Procedural Posture

Civil (pensions/trusts) / Summary Judgment Application for Rectification

Legal Issues

  1. 1 Whether the Definitive Deed should be rectified to reflect the parties’ true intention (Version 2) rather than the executed version (Version 1A)
  2. 2 Whether summary judgment is appropriate without a hearing in the circumstances
  3. 3 Whether the representative defendant is properly appointed

Ratio Decidendi

The executed Definitive Deed did not reflect the parties’ objectively established common intention, which was to execute Version 2. The mistake was established by compelling documentary evidence, and there was no real prospect of any defence. Rectification was therefore ordered by way of summary judgment.

Court Disposition

Summary judgment granted; rectification ordered

Orders

  • The Definitive Deed is rectified to reflect the terms of Version 2.
  • Order for rectification not to take effect for 42 days after judgment.