Source: All England Reporter
Publisher Citation: [2013] All ER (D) 106 (May)
Neutral Citation: [2013] UKSC 26
Court: Supreme Court
Judge:

Lord Neuberger P, Lord Walker, Lady Hale, Lord Mance, Lord Clarke, Lord Sumption and Lord Carnwath SCJJ

Representation Robert Ham QC, Richard Wilson and Jennifer Seaman (instructed by Withers LLP) for F.
  Christopher Nugee QC and William Henderson (instructed by Bolitho Way and Belcher Frost) for P.
  Philip Jones QC and Ruth Jordan (instructed by HMRC Solicitors Office) for the Revenue.
Judgment Dates: 9 May 2013

Catchwords

Settlement - Advancement - Trustees failing to have proper understanding of effect of advancement - Capital gains tax - Trustees receiving legal advice on advancements to be made from settlements - Effect of distribution being large liability to capital gains tax - Trustees applying to have deed of advancement declared void - Judge making declaration on basis of rule in Hastings-Bass - Revenue and Customs Commissioners successfully appealing - Trustees appealing - Whether breach of duty by fiduciary essential requirement to exercise of court's jurisdiction.

The Case

Settlement Advancement. In two appeals concerning private trusts, the Supreme Court explained the rule in Hastings-Bass as it applied to fiduciaries and breaches of their duty. The Court also explained the rule for setting aside a voluntary disposition on the ground of mistake.

Practice Areas

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