“The English approach to setting aside voluntary dispositions on the basis of mistake has come in for considerable criticism, not least from judges of neighbouring jurisdictions, such as this side-swipe from the Jersey Royal Court: ‘As to what amounts to a mistake in English law and the types of knowledge analysed in Pitt v Holt …, the approach taken by the English courts is unnecessarily rule-driven and artificial and, in our view, tends to obscure rather than illuminate the process which the Court must undertake’. ‘The English approach to setting aside voluntary dispositions on the basis of mistake has come in for considerable criticism.’ One difficulty which has cast its shadow over the mistake jurisdiction concerns the dividing line between mistake and misprediction …”
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Aidan Briggs and Jian Jun (JJ) Liew, Mistake, misprediction, and risk-taking in tax-avoidance, Trusts and Trustees, https://doi.org/10.1093/tandt/ttac018. Published 18 March.
First posted 2022-03-23 08:45:14
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