29 Sept 2021
The stay was conditional on the appeal; the Court of Appeal's notice declared the appeal abandoned, therefore the conditional stay lapsed and the High Court confirmed that trustees may proceed to distribute the proceeds subject to previously ordered adjustments.
11 Dec 2007
The Court construed the consent order as authorising the sale of and application of proceeds from all stock, including the E D Couper Estate's half share, on the basis of the order read as a whole and the relevant background; however relief under the Contractual Mistakes Act 1977 was refused because the requisite mistaken state (common or known unilateral mistake) and resulting substantial inequality in the context of the whole agreement were not established; consequently it was not in the interests of justice to vary the consent order and the application was dismissed.