Continue reading "Mistake: Ignorance is not bliss"
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Mistake: Ignorance is not bliss
A recent case underscores the criteria required to make out a case for mistake as a ground to set aside a trust. Rowan Cope explains A key element of the test for mistake is whether the claimant accepted the risk that the scheme may not work. In Dukeries Healthcare Ltd v Bay Trust International Ltd …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Dextra Accessories Ltd & ors v Macdonald (Inspector of Taxes) [2002] UKSPC SPC00331; [2003] WTLR 349 SpC
- Dukeries Healthcare Ltd v Bay Trust International Ltd & ors [2021] EWHC 2086 (Ch); [2021] WTLR 809 ChD
- Futter & anr v HMRCC (with Pitt v HMRCC) [2013] UKSC 26; [2013] WTLR 977 SC
- Van der Merwe v Goldman & anr [2016] EWHC 790 (Ch); [2016] WTLR 913 ChD