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, Alexa Saunders * *Robert MacRae and Alexa Saunders, Carey Olsen 47 Esplanade, St Helier, Jersey, JE1 0BD, UK. Tel: +44 (0) 1534 888900. Email: Robert.MacRae@careyolsen.com, Alexa.Saunders@careyolsen.com. Search for other works by this author on: Oxford Academic
Trusts & Trustees, Volume 17, Issue 10, November 2011, Pages 952–958, https://doi.org/10.1093/tandt/ttr118
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13 October 2011
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Robert MacRae, Alexa Saunders, The law of mistake in Jersey: the Royal Court declines to follow Pitt v Holt, Trusts & Trustees, Volume 17, Issue 10, November 2011, Pages 952–958, https://doi.org/10.1093/tandt/ttr118
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- See AlsoPitt v Holt and Futter v Futter – The Case for Amending Trustee DecisionsPitt & anr v Holt & anr [2011] EWCA Civ 197; [2011] WTLR 623 CA – Law JournalsPitt v Holt [2013] UKSC 26: setting aside a voluntary disposition for mistakeThe rule in Hastings-Bass after Pitt v Holt and Futter v Futter1
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Abstract
In its landmark decision of 21 June 2011 in Re the S Trust [2011] JRC 117, the Royal Court of Jersey held that, in considering whether a gift should be set aside on the grounds of the donor's mistake, it would not follow the recent English Court of Appeal decision in Pitt v Holt [2011] EWCA Civ 197, but would continue to follow the course charted in the previous Jersey case of Re the A Trust [2009] JRC 245. This case note examines this important Jersey decision, in particular the Royal Court's analysis of the Court of Appeal's decision in Pitt v Holt and a number of other interesting points that arise out of the Royal Court's decision.
© The Author (2011). Published by Oxford University Press. All rights reserved.
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