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Trusts & Trustees Advance Access originally published online on April 28, 2009
Trusts & Trustees 2009 15(4):189-199; doi:10.1093/tandt/ttp030
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© The Author (2009). Published by Oxford University Press. All rights reserved.

Aspects of the law of mistake: Re Hastings-Bass

Lord Neuberger of Abbotsbury*

*Lord Neuberger of Abbotsbury, Lord of Appeal in Ordinary.

Judicial disquiet with the so-called Rule in Hastings-Bass was taken by Lord Neuberger of Abbotsbury in a speech to the Chancery Bar Association in London on 16 January 2009. Lord Neuberger kindly revised his paper for us, and Trusts & Trustees is honoured to be able to publish his critique of what has come to be seen as

a magical morning-after pill [for] trustees suffering from post-transaction remorse, but not to anyone else.

As well as casting new light on the eponymous heir, His Lordship finds that there is
much to be said for the view that the Hastings-Bass principle infringes the most fundamental requirements of any legal principle. First, it is inconsistent with established law. Secondly, the circumstances in which it applies are unclear. Thirdly, the results of its application are unclear. In other words, the Hastings-Bass principle is unsatisfactory both in theory and in practice.


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