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United Kingdom rectificationpurposive construction

Lord Nicholls in Inco Europe Ltd v First Choice Distribution

Inco Europe Ltd v First Choice Distribution [2000] UKHL 15, [2000] 1 WLR 586
JurisdictionUnited Kingdom
CourtHouse of Lords
Year2000
StatusBinding authority

Key Principle

A court may add to, omit, or substitute words in a statute to correct an obvious drafting error only where it is abundantly sure of (1) the intended purpose of the provision, (2) that the draftsman and Parliament inadvertently failed to give effect to that purpose, and (3) the substance (though not necessarily the precise words) of what Parliament would have enacted had the error been noticed.

Area of Law

General

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