Judge corrects mistake in lease by construction of the words

Littman (Collette Celine) and another v Aspen Oil (Broking) Ltd [2005] EWHC 1369 (Ch) (1 July 2005)

In recent issues of Commercial Leases we have featured cases where parties to commercial contracts and leases have sought to overcome errors by way of applications for rectification. Some mistakes can be overcome by means of construction of the words. In this case Hart J took a very sympathetic and pragmatic approach to what he considered to be an obvious mistake. Moreover it was one which the tenant’s solicitor was alert to but which was not brought to the attention of the landlord’s solicitor.