Smithson and others v Hamilton: CA 23 Jul 2008

Mummery LJ
[2008] EWCA Civ 996, [2008] Pens LR 363, [2009] ICR 1
Bailii
England and Wales
Citing:
Appeal fromSmithson and others v Hamilton ChD 10-Dec-2007
It is settled law that ‘the Hastings-Bass principle’ was not restricted to cases where the trustees failed to achieve the direct legal effect which they intended. The usual situation is that the action which the trustees have taken achieves exactly . .

Cited by:
CitedFutter and Another v Futter and Others ChD 11-Mar-2010
Various family settlements had been created. The trustees wished to use the rule in Hastings-Bass to re-open decisions they had made after receiving incorrect advice.
Held: The deeds were set aside as void. The Rule in Hastings-Bass derives . .

Lists of cited by and citing cases may be incomplete.
Updated: 29 September 2021; Ref: scu.273163