“Robin Mathew’s article above discusses the decision of the Supreme Court in Pitt v Holt and Futter v Futter so far as it dealt with ‘inadequate consideration’ by trustees. But the court also dealt with the general law of mistake in dispositions of property. Here it disagreed with the Court of Appeal.”
Full story (PDF) (see p. 2)
New Square Chambers, June 2013
Source: www.newsquarechambers.co.uk
“An investigation is under way into how a footballer who killed two people in a car crash was mistakenly freed from jail.”
The Guardian, 1st July 2013
Source: www.guardian.co.uk
“Tax avoidance has hit the news again, with Apple currently facing questions from the US Senate about its exploitation of Irish company law loopholes and David Cameron writing to offshore tax havens to push for more transparency over tax rules. As it happens, the High Court has just handed down a ruling in a case which raises many of the same issues.”
UK Human Rights Blog, 22nd May 2013
Source: www.ukhumanrightsblog.com
“Hundreds of innocent people could have been given criminal records last year, more than double the previous year, new figures show.”
Daily Telegraph, 21st May 2013
Source: www.telegraph.co.uk
“The Supreme Court’s decision on mistake and the flawed exercise of discretion by trustees, and the impact of the decision on professional advisers and their insurers.”
Full story (PDF)
4 New Square, 17th May 2013
Source: www.4newsquare.com
“The court’s jurisdiction to intervene in a decision made by trustees who were acting within their power arose only if they could be shown to have acted in breach of duty. Trustees who wished to exercise a discretion which was within their powers and sought and acted on the advice of apparently competent professional advisers not in breach of duty merely because the professional advice turned out to be incorrect.”
WLR Daily, May 2013
Source: www.iclr.co.uk
“A Supreme Court ruling on the circumstances in which courts can set aside decisions made wrongly by trustees is ‘likely to create uncertainty’ due to the subjective nature of the test, an expert has said.”
OUT-LAW.com, 10th May 2013
Source: www.out-law.com
Supreme Court, 9th May 2013
“Parties to civil litigation must be able to properly justify the need to make any changes to an approved costs budget, a High Court judge has warned.”
OUT-LAW.com, 22nd April 2013
Source: www.out-law.com
Space Airconditiong plc v Guy and another: [2012] EWCA Civ 1664; [2012] WLR (D) 384
“Where a judge had been informed by counsel that he had reached his decision by an obvious mistake of fact in his handed down judgment and had admitted it to be so, then, unless there was a very good reason not to do so, the judge had a duty to correct his judgment to put the record right.”
WLR Daily, 14th December 2012
Source: www.iclr.co.uk
“A man who was wrongly charged with rape was the ‘innocent victim of an avoidable contamination’ at a private forensics laboratory, an official report concludes.”
The Guardian, 1st October 2012
Source: www.guardian.co.uk
“An investigation into standards at the Crown Prosecution Service uncovered mistakes in one in every fifteen cases examined, with some defendants being brought to court inappropriately while others go unpunished.”
Daily Telegraph, 30th March 2012
Source: www.telegraph.co.uk
“Victims and witnesses are suffering as prosecutors make mistakes in more than one in 15 cases and bosses fail to spot the errors, inspectors said today.”
The Independent, 27th March 2012
Source: www.independent.co.uk
“A simple mix-up when a husband and wife signed mirror wills 13 years ago means they have no value in law, the Court of Appeal ruled today. The ruling disinherits the couple’s intended heir and has left lawyers calling for a more flexible approach to probate law.”
Law Society’s Gazette, 2nd February 2012
Source: www.lawgazette.co.uk
“The legal firm that Rupert Murdoch accused of making a ‘major mistake’ in the News International internal investigation into phone hacking will be allowed to defend itself against allegations that it helped cover up the scandal.”
The Guardian, 20th July 2011
Source: www.guardian.co.uk
“Exam boards face being stripped of their role over blunders that affected GCSEs and A-levels sat by thousands of schoolchildren, it emerged today.”
Daily Telegraph, 1st July 2011
Source: www.telegraph.co.uk
“The actions of two companies can lead to a binding contract being formed even if there is a mistake in the terms of the contract itself, the High Court has ruled.”
OUT-LAW.com, 23rd May 2011
Source: www.out-law.com
“A prisoner who was mistakenly released on home detention curfew (HDC) and spent four months complying with the electronic tagging order before being returned to prison, has been told he must repeat the sentence in jail.”
The Guardian, 20th March 2011
Source: www.guardian.co.uk
“A woman who was overcharged by £1,300 on bmibaby’s website – when she was booking flights so a friend could visit his terminally ill father – has won a court victory against the budget airline.”
The Guardian, 5th March 2011
Source: www.guardian.co.uk
Baxter v Mannion [2011] EWCA Civ 120; [2011] WLR (D) 54
“Where a registrar of the Land Registry found that a person who had been registered as the proprietor of land as adverse possessor had not in fact been in adverse possession of the land, he could exercise his power under paragraph 5(a) of Schedule 4 to the Land Registration Act 2002 to alter the register for the purpose of correcting a mistake, so as to restore the original proprietor.”
WLR Daily, 23rd February 2011
Source: www.lawreports.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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