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05 May 2011 / Lisa Carkeek
Issue: 7464 / Categories: Features , LexisPSL
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Back on the right track

Reversing the Hastings-Bass rule, by Lisa Carkeek

The decision of the Court of Appeal in Pitt v Holt; Futter v Futter [2011] EWCA Civ 197, [2011] All ER (D) 101 (Mar) was handed down on 9 March 2011. The appeals, in the words of Longmore LJ “provide examples of that comparatively rare instance of the law taking a seriously wrong turn, of that wrong turn being not infrequently acted on over a twenty year period but this court being able to reverse that error and put the law back on the right course”. The court considered two key principles: the Hastings-Bass rule and the principle of mistake. 

The Hastings-Bass rule

The principle laid down in Re Hastings-Bass [1974] 2 All ER 193, [1974] 2 WLR 904 was that: “… where a trustee is given a discretion as to some matter under which he acts in good faith, the court should not interfere with his action notwithstanding that it does not have the full effect which he intended, unless (i) what he has

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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