The Rule in Hastings-Bass (Futter and Pitt)

Submitted by Firm:
Canterbury Law Ltd.
Firm Contacts:
Juliana Snelling

The Rule in Hastings-Bass and the 'magical morning after pill'

This article has been updated since originally published in 2013 to take account of the (Bermuda) Trustee Amendment Act 2014 which came into effect on 29 July 2014, the purpose of which to preserve in Bermuda what is known as "the Rule in Re Hastings-Bass" as it was understood and applied in England and Wales (and other common law jurisdictions) in and prior to 2011, when the Court of Appeal of England and Wales delivered its judgment in Futter and Pitt. The new section 47A of the Trustee Act 1975 introduced by the 2014 amendment Act confers a discretionary jurisdiction on the Supreme Court of Bermuda to intervene in certain limited circumstances in relation to the exercise of a fiduciary power. Such discretionary exercise of power will be subject to the Court's discretion with respect to equitable relief and ameliorates the effect of the judgment of the Supreme Court in Futter and Pitt.

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