ABSTRACT
Two recent English cases, Hartogs v Sequent and Payne v Tyler, provide helpful examples of the application of the guidelines in the Supreme Court decision in Pitt v Holt for claims seeking to set aside voluntary transactions on the grounds of mistake where significant unexpected tax liabilities are incurred. The facts and quantum of the cases are quite different and demonstrate the potentially wide application of the Pitt v Holt guidelines, as well as the willingness of the English Courts to hear such claims and grant the relief sought. The cases also offer guidance on a number of practical points for potential claimants for claims based on a mistake, in particular on the issues of proper forum, the role of HMRC and the position adopted by fiduciaries as non-contesting parties to the claims.
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Thomas Watts and Hugh Gunson, An honest mistake: two cases of mistaken dispositions, Trusts and Trustees, https://doi.org/10.1093/tandt/ttaa014. Published: 12 April 2020.
First posted 2020-04-16 06:44:22
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