Jurisdiction(s):
United Kingdom

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 documents: key cases, evidential standards and the subjective intention test after FSHC and Univar; construction/rectification, unilateral powers, execution defects and bona fide purchaser defences

Published by a LexisNexis Pensions expert

Practice notes

This Practice Note reviews the principal authorities on correcting pension scheme documentation. An evolving body of case law has set out broadly settled principles, yet judicial approaches may differ in the extent of pragmatic remedies the courts deploy. Decisions outside the pensions sphere can likewise inform Rectification questions. Comparable rulings outside the pension context may likewise be pertinent when assessing whether rectification is appropriate.

Lansing Linde v Alber

This decision was notable in confining rectification to situations where the instrument did not capture the parties’ shared intention. Lansing Linde sponsored two Defined benefit schemes. Following Barber, each scheme equalised benefits for male and female members. On their face, the equalisation changes in both schemes granted men and women an unconditional right to retire from age 60. The employer contended it had meant to increase women’s pension age to 65 and to allow an unreduced pension at 60 solely at the express discretion of both employer and trustees. It said the drafted amendments, viewed objectively, did not reflect that intention and went further than was intended. Consent was essential always...

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David Gallagher

Fieldfisher

David Gallagher is head of the pensions practice at Fieldfisher and advises a wide range of clients - employers large and small, trustees, pension product providers and individuals - on day-to-day pensions matters, scheme restructurings, winding up schemes, investment and litigation issues.Originally qualified as a barrister, David worked in the public sector from 1993 to the end of 1999. He has specialised in pensions law since 1996. David has played a leading role in developing the firm's public sector pensions practice which is now widely recognised as a market leader. He has worked on a number of high profile and sensitive projects for government bodies and he has been at the forefront of developing drafting solutions for the greater protection of public funds on future re-tenders mandated by revised government guidance.David handles all areas of work, from drafting trust deeds and rules for new...

Web page updated on 21/05/2026

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