Unilateral Mistake in the English Courts: Reasserting the Traditional Approach

In the case of Statoil A.S.A. v. Louis Dreyfus Energy Services L.P., Aikens J. has reasserted the traditional principles of English law governing unilateral mistake. On one level, it is an unexceptional decision. It applies the well-settled law relating to unilateral mistake, based on long-established authority and as a reflection of the approach taken recently by the Court of Appeal to the significance of mistake in contract. On the other hand, the issues raised by the case prompt a re-examination of the approach of English law to unilateral mistake.