Henry Mander The principle established in 1974 in the case of Hastings-Bass [1975] Ch 25 (CA) has in the past allowed a court to set aside an action taken by trustees who have failed to take some important factor (such as tax considerations) into account when deciding to take the action. Effectively, it has allowed trustees to undo something they have done where the effect is different from that which they intended. In March, the English Court of Appeal handed down its much anticipated decision in Pitt v Holt; Futter v Futter [2011] EWCA Civ 197, both of which concerned the Hastings-Bass principle, and this has resulted in a re-examination of the principle and its application.
July 10 2011