Podcast Location:
Download it here [file size: 28.7 MB]
Categories:
Charities
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to set out what was the rule in Re Hastings Bass and what the decision of the Court of Appeal in Pitt v Holt has done to correct what many perceived to be an anomaly in the law. It will also discuss the implications of the decision on the law of mistake and what it means for private clients and their advisors.

Outcomes:
After completing the course you will:
  • Have reviewed the history of the rule in Re Hastings Bass;
  • What the court of appeal decision means;
  • What principles practitioners can apply from the decision – circumstances in which a decision is void or voidable;
  • When a court will set aside a transaction;
  • Be aware of what implications the decision has for the equitable doctrine of mistake;
  • Understand the significance of whether a Trustee obtains professional advice or not;
  • Drafting solutions to re-create the rule and possible risks of so doing;
  • Understand the implications for professional advisors to trustees;
  • Be aware of the potential impact of this decision on offshore jurisdictions with a rule similar to what was known as the rule in Re Hastings Bass.
Level:
Complex Difficulty: 4 of 5
Classification:
Case Update
Practical Guide
Sources and References:
  • Pitt & Anor v Holt & Anor [2011] EWCA Civ 197;
  • Re Hastings-Bass [1974] EWCA Civ 13;
  • Re Pilkington's Will Trusts [1964] AC 612;
  • Sieff v Fox [2005] EWHC 1312 (Ch);
  • Futter v Futter [2010] EWHC 449 (Ch);
  • Abacus Trust Co. (Isle of Man) v Barr [2003] EWHC 114 (Ch);
  • Re Abrahams' Will Trusts [1969] 1 Ch 463;
  • White v Jones [1995] 2 AC 20;
  • Gibbon v Mitchell [1990] 1 WLR 1304.
Tags:

In this podcast, Elspeth Talbot Rice QC and Adam Cloherty of XXIV Old Buildings engage in a candid discussion about the Court of Appeal decision in Pitt v Holt and what it means for the rule in Re Hasting's Bass. The Court of Appeal have addressed the rule for the first time in over 30 years and the decision has important ramifications for private clients and their legal and tax advisors.

Podcast added: 09/05/11

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