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Rectification: evidence of common intention to be judged on "balance of probabilities"

  • Herbert Smith Freehills LLP
  • -
  • Ireland
  • -
  • February 1 2011

Where the court is asked to allow rectification of a pension scheme deed, the "convincing proof" of the parties' intentions need only be assessed on the balance of probabilities according to the decision of the Supreme Court of Ireland in Boliden Tara Mines Limited v Cosgrove and Others 2010 IESC 62