“…rst had an opportunity to consider the significance of the Chartbrook case in Daventry District Council v Daventry & District Housing Ltd [2011] EWCA Civ 1153; [2012] 1 WLR 1333, however, both parties argued the appeal on the footing that Lord Hoffmann’s analysis was correct and the court thought it right to proceed on that basis, alth…”
“…ase in which the Court of Appeal had to analyse a claim for rectification was Daventry District Council v Daventry & District Housing Ltd [2011] EWCA Civ 1153; [2012] 1 WLR 1333. In somewhat simplified summary, the claimant council sought rectification of a contract by which it transferred its housing stock and the staff employed in it…”
“…s, has been emphasised many times. Speaking in the context of rectification, Lord Neuberger MR said in Daventry DC v Daventry Housing Ltd [2011] EWCA Civ 1153, [2012] 1 WLR 1333 at 194:…”
“…ference to the decisions of this court in Swainland Builders Ltd v Freehold Properties Ltd [2002] 2 EGLR 71 and Daventry DC v Daventry and District Housing Ltd [2012] 1 WLR 1333. This summary is not challenged but it is said that the judge did not correctly apply the principles to the evidence.…”