George Wimpey UK Ltd. v VI Construction Ltd.

Rectification for unilateral mistake was not available because VIC did not have actual knowledge of Wimpey’s mistake, nor was dishonesty or sharp practice established; further, convincing proof was lacking that Wimpey’s board intended to contract on terms other than those executed.

Parties: Claimant: George Wimpey UK Ltd; Defendant: V. I. Construction Ltd
Jurisdiction: England and Wales
Judgment Date: 03 February 2005
Procedural Posture: Civil Appeal / Appeal From High Court Judgment
Outcome: Appeal allowed; action dismissed.
Legal Topics: Rectification, Unilateral Mistake, Knowledge Requirement, Corporate Decision Making, Estoppel

Contract Law Equity Rectification Unilateral Mistake Knowledge Requirement Corporate Decision Making Estoppel

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 7

Parties

George Wimpey UK Ltd

Claimant

V. I. Construction Ltd

Defendant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

1 Whether rectification for unilateral mistake is available absent actual knowledge or dishonesty
2 Whether the defendant had knowledge of the claimant's mistake
3 Whether the claimant made a relevant mistake at the time of contract execution

Ratio Decidendi

Court Disposition

Appeal allowed; action dismissed.

Orders

Order of the judge set aside.
Claimant to pay defendant’s costs of appeal and in the court below, to be assessed on the standard basis if not agreed.