Lord Hoffmann cites rectification article by Marcus Smith QC
Marcus Smith’s article in the Law Quarterly Review ((2007) 123 LQR 116) was cited by Lord Hoffmann in his opinion in Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38, [2009] 1 AC 1101. The article, Rectification of Contracts for Common Mistake, Joscelyne v Nissen and Subjective States of Mind considered whether the “continuing common intention” required for rectification was an objective or subjective test, and concluded that – although the law was controversial – the test was an objective one. That was Lord Hoffmann’s holding in Chartbrook.