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England and Wales decisions
Decisions matching the current search
The Upper Tribunal ordered rectification of a transfer deed after finding a conveyancer’s error had wrongly transferred additional land beyond 39 Gordon Place.
The applicants' clear, written, and signed intention to be joint legal parents, evidenced by the totality of documentation and the context of their treatment, satisfies the statutory requirements for legal parenthood under ss.43-44 HFEA 2008, despite the WP and PP forms being signed the wrong way round. The court can construe or rectify such errors and grant the declaration sought.
Source excerpt
The Tribunal found clear evidence that all parties intended the Appellant to acquire at least 5% of the company’s ordinary share capital, and that the failure to do so was a mistake in the documentation. The High Court would have granted rectification, as there was a common intention, outward expression of accord, and the mistake was not merely fiscal in effect. Therefore, the conditions for entrepreneurs’ relief were met and the appeal was allowed.
Source excerpt
Y-Z (Declaration of Parentage), Re [2024] EWHC 649 (Fam) (21 March 2024)
The High Court granted a declaration of parentage for Y, holding that miscompleted fertility consent forms and related signed documents still satisfied the statutory requirements.
Ralph v Ralph [2021] EWCA Civ 1106 (22 July 2021)
The Court of Appeal refused rectification of a TR1 transfer form, holding that no continuing common intention or agreed beneficial ownership was proved between father and son.
The High Court held that Nexus was not estopped from seeking rectification of a collective agreement, and rejected strike-out, abuse of process, and delay objections.
The High Court construed 87 accession deeds as referring to the 2011 security agreement, correcting an obvious date error in a registered corporate charge.
The High Court held that trusts of two AXA investment bonds were validly constituted on issue and that simultaneous assignments to the trustees were effective.
The court corrected an error in assisted-reproduction consent forms and declared PQ the legal parent of two children, holding post-separation conduct irrelevant.
PQ v RS and others (Legal Parenthood: Written consent) [2019] EWFC 65 (15 October 2019)
The Family Court held that obvious errors in fertility-treatment consent forms could be rectified, granting PQ a declaration of parentage and dismissing RS’s non-parentage claim.
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