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.