Breadner and Others v Granville-Grossman and Others

JurisdictionEngland & Wales
CourtChancery Division
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22 cases
  • Merchant Navy Ratings Pension and Another v Stena Line Ltd and Others
    • United Kingdom
    • Chancery Division
    • February 25, 2015
    ...that what the Trustee is seeking to do is here is akin to the operation of the old Hastings-Bass principle. As Park J observed in Breadner v Granville-Grossman [2001] Ch 523, at [61], a passage cited with approval by Lord Walker in the Supreme Court in Futter v HMRC [2013] UKSC 26 at [35]: ......
  • Entrust Pension Ltd v (1) Prospect Hospice Ltd (2) Yvonne Hunter
    • United Kingdom
    • Chancery Division
    • June 18, 2012
    ...these circumstances, a convenient starting point for consideration of this question is provided by the observations of Park J in Breadner v Granville-Grossman [2001] Ch.523 at 540: "50. It is trite law that there is a distinction between two kinds of dispositive discretion which may be......
  • Pitt and Another v Holt and Another Futter and Another v Futter and Others
    • United Kingdom
    • Supreme Court
    • May 9, 2013 Abacus Trust Co (Isle of Man) v National Society for the Prevention of Cruelty to Children [2001] STC 1344 (Patten J) and Breadner v Granville-Grossman [2001] Ch 523 (Park J). Breadner was an unsuccessful attempt to extend the principle so as to circumvent a missed time limit for the exe......
  • Sieff v Fox
    • United Kingdom
    • Chancery Division
    • June 23, 2005
    ...years, in which the principle has been stated in different terms. Some disquiet has been expressed both judicially (by Park J in Breadner v. Granville-Grossman [2001] Ch 523, at page 543, paragraph 61) and extra-judicially (see Sir Robert Walker (as he then was), The Limits of the Principle......
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2 firm's commentaries
  • Recent Trust Law Decisions in the Court of Appeal
    • United Kingdom
    • JD Supra United Kingdom
    • August 3, 2011
    ...Revenue did not always decline the invitation to take part in cases of this kind”.27 21 Per Park J, in Breadner v Granville-Grossman [2001] Ch 523. 22 Tax Bulletin 1294. 23 At N.16. 24 T. Molloy QC, What is the Rule in Hastings-Bass? (Trusts & Trustees Vol. 15, No. 4, June 2009, at 200)......
  • Hastings-Bass Rule Reborn
    • Bermuda
    • Mondaq Bermuda
    • October 15, 2014
    ...(Amendment No.6) (Jersey) Law 2013, s1 13 Again, this mirrors the classic rule in Re Hastings-Bass: see Breadner v Granville-Grossman [2001] Ch 523 Originally published in STEP Journal Bermuda Supplement The content of this article is intended to provide a general guide to the subject matte......

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