header-logo header-logo

Putting right a wrong turn?

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

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 by

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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
In this week's NLJ, Steven Ball of Red Lion Chambers unpacks how advances in forensic science finally unmasked Ryland Headley, jailed in 2025 for the 1967 rape and murder of 75-year-old Louisa Dunne. Preserved swabs and palm prints lay dormant for decades until DNA-17 profiling produced a billion-to-one match
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
back-to-top-scroll