Have you made a serious mistake?
While the Supreme Court decision in the conjoined appeals of Futter & Anor v HMRC and Pitt & Anor v HMRC [2013] UKSC 2 severely restricted the circumstances in which the court could undo [...]
Trustees’ mistake and tax consequences – is there a remedy?
This case is the first to consider whether a mistake by trustees can be corrected following the Supreme Court decision in Pitt v Holt and Re Futter [2013] WTLR 377. Before that case the equitable [...]
Trustees’ mistake – Wright v National Westminster Bank plc [2014] EWHC 3158
Mr Wright used his bank to create a discretionary trust with £10 on 20 August 2012 in which he appointed National Westminster Bank plc as trustee. It was in a fairly standard form with the [...]
Mistake & Power of Attorney – Day & another v Day [2013] EWCA Civ 280
An application seeking the rectification of a Conveyance of a property was the subject matter of a recent case considered by the Court of Appeal. This interesting case highlights the Court’s [...]
10 practical points arising out of the Supreme Court judgement in Pitt v Holt and Re Futter [2013] UKSC 26
Lord Walker, in giving judgement in the recent Supreme Court judgement in the two cases of Pitt v Holt and Re Futter, has clarified the true nature of the rule in Hastings-Bass and removed the [...]
Pitt v Holt; Futter v Futter [2011] EWCA Civ 197
1. In a remarkably detailed judgment Lloyd LJ has returned to first principles, examining both the source of the so called principle in Re Hastings Bass and its rationale. He has then found both [...]
