header-logo header-logo

28 April 2011 / Philippa James , Stuart Pickford
Issue: 7463 / Categories: Features , Commercial
printer mail-detail

Putting right a wrong turn?

The Court of Appeal revisits the rule in Hastings-Bass. Philippa James & Stuart Pickford report

On 9 March 2011 the Court of Appeal handed down a landmark decision on the scope of the so-called rule in Re Hastings-Bass, deceased [1975] Ch 25 and took the opportunity to put right what Longmore LJ described as an example of “that comparatively rare instance of the law taking a seriously wrong turn”.

The consolidated appeals in Pitt v Holt and Futter v Futter [2011] EWCA Civ 197 are the first occasion on which the Court of Appeal has comprehensively examined the scope and effect of the Hastings-Bass decision since the original judgment in that case was reported in 1975.

The Hasting-Bass rule

The Hastings-Bass rule gained momentum in Mettoy Pension Trustees Ltd v Evans [1990] 1 WLR 1587 and subsequent cases, including Sieff v Fox [2005] EWHC 1312 (Ch) where Lloyd LJ (sitting as a High Court judge) formulated it in the following terms:

“Where trustees act under a discretion given to them

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
back-to-top-scroll