Pitt and Another v Holt and Another Futter and Another v Futter and Others
| Jurisdiction | England & Wales |
| Judge | Lord Walker,Lord Neuberger,Lady Hale,Lord Mance,Lord Clarke,Lord Sumption,Lord Carnwath |
| Judgment Date | 09 May 2013 |
| Neutral Citation | [2013] UKSC 26 |
| Date | 09 May 2013 |
| Court | Supreme Court |
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200 cases
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Tom Bainbridge and Another v Peter Bainbridge
...am concerned only with mistake. The English law in this area was recently and authoritatively stated by the Supreme Court in Pitt v Holt [2013] 2 AC 108. The original claim 3 The original claim arose in this way. The Claimants, who were father and son, farmed together in partnership. They w......
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Re Top Brands Ltd v Sharma; Mama Milla Ltd (in creditors voluntary liquidation)
...(in liq)Ex p. Brown and Burns, Re (1979) 4 A.C.L.R.213". 32 Mr Morgan refers to a passage in the judgment of Lord Walker in Pitt v Holt [2013] UKSC 26, with which the other six Justices of that constitution of the Supreme Court agreed, at paragraph 40, citing as a correct statement of the l......
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Gany Holdings (PTC) SA v Khan and Others
...for the purposes of the law of the British Virgin Islands, they are now to be found in the judgment of the Supreme Court in Pitt v Holt [2013] 2 AC 108. It is unnecessary to set out those principles in full. The following points are sufficient for present purposes. First, the court's discr......
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Brian George Kennedy and Others v Patrick Brian Kennedy and Others
...of a non-contractual voluntary disposition for mistake were comprehensively set out in the judgment of Lord Walker in Pitt v Holt [2013] UKSC 26, [2013] 2 AC 108, with which the other members of the Supreme Court agreed. They may be summarised as follows. (1) There must be a distinct mista......
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36 firm's commentaries
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Make No Mistake: Examining The Hastings-Bass Rule On Fiduciaries' Mistakes Under Cayman Islands Law
...Footnotes 1 For the remainder of this article, 'English and Welsh' will be abbreviated to 'English'. 2 Futter v Futter and Pitt v Holt [2013] UKSC 26 3 [1975] Ch 25 4 Schroder Cayman Bank and Trust Company Ltd v Schroder Trust AG [2015] 1 CILR 239 5 [2004] EWHC 1085 (Ch) 6 [2010] EWHC 45 (C......
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What's The Point? ' Some Questions In The Interpretation Of Wills
...hostility towards the suggestion that the court should rescue parties from the adverse tax consequences of their mistakes in Pitt v Holt [2013] UKSC 26, it also seems doubtful that the courts will resolve ambiguity in the most tax-advantageous way for the One unintended consequence of the c......
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Letters Of Wishes: Adequate Deliberations
...University Press)5http://www.oed.com/view/Entry/229511?rskey¼GGRaik&result¼14accessed 3 June 2014. Pitt v Holt, Futter v Futter [2013] 2 A.C. 108. [1965] Ch 918. ibid 936. [1998] Ch 512. Edge v Pensions Ombudsman (C.A.) [2000] Ch 602, 627. See (n 10) 536. For earlier formulations, see: ......
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Unintended Tax Liability? Supreme Court Of Canada Says No Take-Backs
...a series of transactions very similar to Collins Family Trust. In Pallen, the court applied the rescission test from Pitt v. Holt, [2013] UKSC 26, to determine if a rescission order could be granted. The Pitt v. Holt test stated that rescission may be an available remedy if a mistake of suf......
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20 books & journal articles
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DISCLOSURE OF THE COMPANY'S PRIVILEGED DOCUMENTS TO SHAREHOLDERS AS AN APPLICATION OF JOINT INTEREST PRIVILEGE
...Cir, 1970). 149 Garner v Wolfinbarger 430 F2d 1093 at 1101 (5th Cir, 1970). 150 Pitt v Holt [2012] Ch 132 at [124]. See also Pitt v Holt [2013] 2 AC 108 at [80] (advice must be “apparently competent” for trustees to avoid breach of duty when the advice received was wrong). 151 See para 56 a......
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Table of Cases
...Ex 364, 5 Jur 534 202 Fryer v Pearson (2000) The Times , 4 April, CA 133 Futter v The Commissioners for Her Majesty’s Revenue and Customs [2013] UKSC 26, [2013] 2 AC 108, [2013] 2 WLR 1200, [2013] 3 All ER 429 179 Gardiner Fire Ltd v Jones (1998) 95(44) LSG 35, (1998) 142 SJLB 271, 20 Octob......
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Analysing Judgments: Reasoning, Argument and Legal Logic
...at 451. 68 [1931] AC 184 HL per Viscount Dunedin at 190. 69 [2002] EWCA Civ 1407, [2003] QB 679 at [95]–[161]. 70 [1950] 1 KB 671 CA. 71 [2013] UKSC 26. 72 See Professor BV Harris, ‘Final Appellate Courts Overruling Their Own “Wrong” Precedents: The Ongoing Search for Principle’ (2002) 118 ......
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Table of cases
...Pioneer Corp v Godfrey, 2019 SCC 42 ............................................................... 683 Pitt v Holt, [2013] UKSC 26 ............................................................................... 699 PJS v News Group Newspapers Ltd, [2016] UKSC 26 .................................
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