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Clifford Chance

Clifford Chance


Manifest Error: A Fresh Perspective?

6 July 2023

Case law proves helpful in demonstrating the range of evidence an English law trustee on a capital markets transaction may need to assess when using its discretionary power to correct manifest errors.

In this briefing, we discuss the evolution of that power and the ability of trustees to consider extrinsic evidence in making significant changes to documents, provided they are justified by the evidence.

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