Wyatt & Ors v Tyrrell & Ors

Wyatt & Ors v Tyrrell & Ors

The Deed of Exclusion must be set aside under the Hastings Bass principle because the trustees failed to consider the consequences if the commercial rationale for Jonathan's exclusion ceased to exist; had they done so, they would not have executed the deed in its current form.

Parties
Claimants: Wyatt and Others; Defendants: Tyrrell and Others
Jurisdiction
England and Wales
Judgment Date
27 July 2010
Procedural Posture
Trusts/chancery / Judgment
Outcome
Application allowed on the third ground (Hastings Bass principle); Deed of Exclusion set aside.
Legal Topics
Trustee Powers, Rectification, Mistake in Trust Deeds, Hastings Bass Principle
Trusts Equity Trustee Powers Rectification Mistake in Trust Deeds Hastings Bass Principle

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Parties

Wyatt and Others

Claimants

Tyrrell and Others

Defendants

Procedural Posture

Trusts/chancery / Judgment

Legal Issues

  1. 1 Whether the Deed of Exclusion should be rectified, set aside for mistake, or declared void/voidable under the Hastings Bass principle

Ratio Decidendi

The Deed of Exclusion must be set aside under the Hastings Bass principle because the trustees failed to consider the consequences if the commercial rationale for Jonathan's exclusion ceased to exist; had they done so, they would not have executed the deed in its current form.

Court Disposition

Application allowed on the third ground (Hastings Bass principle); Deed of Exclusion set aside.

Orders

  • The Deed of Exclusion is set aside.