Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Rectification definition

What does Rectification mean? Rectification, in land registration practice, is the alteration of the register of title to correct a mistake that adversely affects a registered proprietor’s title. In England and Wales, the Land Registration Act 2002 (Schedule 4) defines rectification as an alteration correcting a mistake which prejudicially affects the title of a registered proprietor; it may be ordered by the court or made by HM Land Registry in limited cases, with indemnity generally available for loss. Typical situations include erroneous entries, wrongful cancellations, boundary and description errors, and registrations obtained by fraud. In Scotland, under the Land Registration etc. (Scotland) Act 2012, the...

Rectification of Pension Scheme Deeds and Rules: Principles, Evidence and Procedure in England and Wales

Published by a LexisNexis Pensions expert

Practice notes

The need for Rectification

Errors frequently creep in when preparing pension scheme papers, altering them, or noting the use of trustees’ powers. DIY fixes are typically unavailable, as these errors cannot, in general, be cured after the event via the scheme’s amendment power where that would prejudice accrued entitlements to the amendment date or alter tax treatment. That is so because ss 67–67I of the Pensions Act 1995 (PA 1995) broadly bar harmful changes to members’ Subsisting rights unless the member agrees or an Actuary certifies those rights have been preserved. Moreover, a mistaken alteration of a pension scheme’s governing provisions may inadvertently impair members’ subsisting rights, with the result that, without an appropriate remedy, the change would be void or voidable (depending on the nature of the alteration and, given the changes to s 67 over time, when it occurred) for contravening s 67 and/or under a limiting proviso in the scheme’s amendment power, as demonstrated in Mitchells & Butlers Pensions v Mitchells & Butlers...

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Oliver Hilton

Radcliffe Chambers

Oliver enjoys a busy and thriving traditional and commercial Chancery practice. His expertise is in trusts, wills and estates, with a particular focus on succession and property disputes, pensions and charities. He has substantial experience in dealing with a broad range of administration issues.As well as non-contentious drafting and advisory work, Oliver has a strong litigation practice: he appears regularly in the High Court, including in large scale, complex, high profile cases; he has acted on numerous occasions before the Court of Appeal; and he has considerable experience representing clients at mediations. Oliver is equally at home acting as sole counsel or being led, and he particularly enjoys working as part of a wider team.Experience and ExpertiseOliver specialises in trusts, estates and property disputes, especially contentious probate, breach of fiduciary duties, setting aside lifetime transactions, Inheritance (Provision for Family and...

Web page updated on 21/05/2026

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