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Are there two rules in Hastings-Bass? |
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Monday, 02 August 2010 12:15 |

Are there two rules in Hastings-Bass?
Three questions arise: (a) Is it necessary to show that the trustees would have acted differently if properly directed: In re Hastings-Bass deceased [1975] Ch 25 (CA) Mettoy Pension Trustees v Evans [1990] 1 WLR 1587? Or is it enough that they might have done: see Kerr v British Leyland (Staff) Trustees [2001] WTLR 1071 (CA)? (b) Is the effect of applying the rule that the act of the trustees is void : In re Abrahams' Will Trusts [1969] 1 Ch 483? Or is it voidable: Abacus Trust Company (Isle of Man) v Barr, [2003] 5 ITELR 602? (c) Is it necessary to show that the trustees are at fault: Abacus v Barr?
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