WG Mitchell (Gleneagles) Ltd & Anor v Jemstock One Ltd

The omission of the agreed guarantee was a mutual mistake, and rectification is proper to reflect the parties' true intention and avoid loss of stamp duty land tax relief.

Parties: Claimant: W G Mitchell (Gleneagles) Ltd; Claimant: W G Mitchell (Derry) Ltd; Defendant: Jemstock One Ltd
Jurisdiction: England and Wales
Judgment Date: 10 October 2006
Procedural Posture: Civil / Trial
Outcome: Order for rectification granted
Legal Topics: Rectification, Mutual Mistake, Stamp Duty Land Tax, Lease Agreements

Contract Law Property Law Rectification Mutual Mistake Stamp Duty Land Tax Lease Agreements

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Parties

W G Mitchell (Gleneagles) Ltd

Claimant

W G Mitchell (Derry) Ltd

Claimant

Jemstock One Ltd

Defendant

Procedural Posture

Civil / Trial

Legal Issues

1 Whether the omission of the agreed guarantee from the agreement for underlease was a mutual mistake justifying rectification
2 Whether rectification should be granted to avoid adverse stamp duty land tax consequences

Ratio Decidendi

The omission of the agreed guarantee was a mutual mistake, and rectification is proper to reflect the parties' true intention and avoid loss of stamp duty land tax relief.

Court Disposition

Order for rectification granted

Orders

Agreement for underlease rectified to include the agreed guarantee as sought by the claimants