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Key Point

Common law Mistake does apply in the MOJ Portal Protocol where offeree knows of mistake when accepts

Harris v Brown

HHJ Davey QC, Bradford CC, 18th June 2019

An interesting judicial difference of opinion was formed in this case on whether the Portal is an entirely stand-alone code, or whether common law doctrines can apply.  Here the judge found that common law mistake did apply.  

Unfortunately the judge was mis-informed by both counsel that in Draper v Newport and Fitton v Ageas, the party accepting the offer did not know that a mistake had been made.  The judge thus distinguished those two cases and decided that common law mistake did apply.  It is interesting to speculate over whether the decision would have been any different had the judge been given the correct details.

Permission to appeal to the Court of Appeal was refused.  Click here for a copy of the refusal decision.

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