Donnelly Neary & Donnelly DND LAW Solicitors Newry – TRUSTS: Accidentally executed trust deed is rectified without a hearing
The England & Wales High Court has granted an application for rectification by summary judgment to correct the mistaken execution of a trust deed intended to set up a new pension scheme. The parties had accidentally executed an early draft of the deed instead of the final version, leading the judge to grant summary without a hearing ‘in such a plain case’ where there was ‘no real prospect of a realistic challenge’ (Girls’ Day School Trust v GDST Pension Trustees, 2016 EWHC 1254 Ch).
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