Contract rectified to include correct document


In The Council of the Borough of Milton Keynes v Viridor (Community Recycling MK) Ltd [2017] EWHC 239 (TCC), Coulson J held that the claimant was entitled to have the contract between the parties rectified, whether the case was treated as one of common mistake or the mistake was one made by the claimant of which the defendant had attempted to take advantage so that it was inequitable for the defendant to seek to resist rectification. The mistake which had been made was to include in the contract an earlier and incomplete version of one of the contract documents. The contract was rectified so that the correct version of the document replaced the incorrect version.