Simon McKie on the Supreme Court's decision about what remains an important remedy
The Supreme Court’s judgment in the joined cases of Futter and another v HMRC Pitt and another v HMRC [2013] UKSC 26 was given on 9 May 2013 providing an authoritative view of the Hastings-Bass principle (the ‘principle’). The decision was unanimous largely confirming the Court of Appeal’s previous decision.
Lord Walker gave the leading judgment. The cases involved applications by trustees (Futter) and by a Mental Health Act receiver (Pitt) for certain transactions to be set aside under the principle and in the case of Pitt on the alternative ground of mistake. This article considers the decisions only in relation to the principle.
