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28 April 2011 / Philippa James , Stuart Pickford
Issue: 7463 / Categories: Features , Commercial
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Putting right a wrong turn?

The Court of Appeal revisits the rule in Hastings-Bass. Philippa James & Stuart Pickford report

On 9 March 2011 the Court of Appeal handed down a landmark decision on the scope of the so-called rule in Re Hastings-Bass, deceased [1975] Ch 25 and took the opportunity to put right what Longmore LJ described as an example of “that comparatively rare instance of the law taking a seriously wrong turn”.

The consolidated appeals in Pitt v Holt and Futter v Futter [2011] EWCA Civ 197 are the first occasion on which the Court of Appeal has comprehensively examined the scope and effect of the Hastings-Bass decision since the original judgment in that case was reported in 1975.

The Hasting-Bass rule

The Hastings-Bass rule gained momentum in Mettoy Pension Trustees Ltd v Evans [1990] 1 WLR 1587 and subsequent cases, including Sieff v Fox [2005] EWHC 1312 (Ch) where Lloyd LJ (sitting as a High Court judge) formulated it in the following terms:

“Where trustees act under a discretion given to them by the terms of the trust, in circumstances in which

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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