Rectification | Practical Law

Rectification | Practical Law

Rectification

Rectification

Practical Law UK Glossary 6-107-7118 (Approx. 4 pages)

Glossary

Rectification

The equitable remedy of correcting of mistakes made in recording agreements. By its nature, rectification is only applicable in the case of written contracts.
If the parties agree to rectification, they may correct the mistake by entering into a deed of rectification. It is necessary to apply to court for an order for rectification if either there is a dispute or the parties wish to ensure that rectification has retrospective effect. The burden of proof is on the party seeking rectification who must be able to produce convincing proof that the agreement does not reflect the intentions of the parties and the agreement as rectified will reflect those intentions.