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Mistake – Rectification. Two properties were placed in trust for the benefit of the claimant. Her father loaned her money to purchase one of the properties. The claimant made a settlement by which she would pay the loan back to her father. The solicitor failed to inform her of the negative effects of doing so. On learning of the negative effects, she sought to have the settlement set aside, on the grounds of equitable mistake. Her Majesty's Revenue and Customs Commissioners resisted the application. The Chancery Division held that, applying settled law, it was appropriate for the settlement to be set aside.
Mistake – Rectification. Two properties were placed in trust for the benefit of the claimant. Her father loaned her money to purchase one of the properties. The claimant made a settlement by which she would pay the loan back to her father. The solicitor failed to inform her of the negative effects of doing so. On learning of the negative effects, she sought to have the settlement set aside, on the grounds of equitable mistake. Her Majesty's Revenue and Customs Commissioners resisted the application. The Chancery Division held that, applying settled law, it was appropriate for the settlement to be set aside.
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