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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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Fieldfisher—Will Sharp

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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