Pensions A-Z
Pensions A-Z is a collection of insights to help you further increase your awareness of pensions law.
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Rectification
Rectification is a remedy available through the courts which results in the intended effect of the deed being written into it and the error being removed. It is helpful where the document cannot simply be amended (perhaps because of section 67 issues) and significantly, it is effective from the date of the deed, i.e. the rectified wording is deemed to have been in the deed all the time.
However, because there is a strong presumption that a signatory of a document intended to sign it in its executed form, convincing proof is required to counteract the evidence of the parties' intentions displayed by the document itself. In particular, there must be convincing evidence of a "common intention" between the employer and trustees that the relevant provision should apply in the way contended. This may require evidence of the scheme having been administered in the way the parties argue was intended, and contrary to the document in question.