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Mistake: Fault lines
Kennedy v Kennedy [2015] expands the horizons of the doctrine of mistake. Steven Kempster and Sarah Aughwane explain ‘If a trustee makes a causative mistake of sufficient gravity, the transaction is voidable even if the mistake is as to the tax consequences.’ Two years ago the Supreme Court heard the joined appeals in Pitt v …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Abacus Trust Co (Isle of Man) v Barr [2003] EWHC 114 (Ch); [2003] WTLR 149
- Breadner v Granville-Grossman [2000] EWHC Ch 224; [2000] WTLR 829
- Futter & anr v HMRCC (with Pitt v HMRCC) [2013] UKSC 26; [2013] WTLR 977 SC
- Gibbon v Mitchell [1990] 1 WLR 1304
- Kennedy v Kennedy [2015] WTLR 837 [2014] EWHC 4129 (Ch)
- Re Hastings-Bass [1974] EWCA Civ 13
- Sieff v Fox, Re Bedford Estates [2005] WTLR 891