Case law update: Pitt v HMRC and Futter v HMRC

On 9 May 2013, the Supreme Court published its judgment in the combined cases of Futter and another v The Commissioners for Her Majesty’s Revenue and Customs and Pitt and another v The Commissioners for Her Majesty’s Revenue and Customs (Respondent) (Pitt v HMRC and Futter v HMRC). The case is significant for trustees and advisers (and their insurers) because it confirms the limits of the Hastings-Bass rule, as set out in the judgment of Lloyd J in the Court of Appeal, which had been used for many years by trustees to set aside decisions that had brought about unplanned tax charges.

A link to our article on the Court of Appeal judgment in the July 2011 edition of Pensions Pieces is set out below. That article includes a description of the Hastings-Bass rule, as stated by Lloyd J (as he then was) in Sieff v Fox

If you are registered and logged in to the site, click on the link below to read the rest of the Taylor Wessing briefing. If not, please register or sign in with your details below.

Briefings from Taylor Wessing

View more briefings from Taylor Wessing

Analysis from The Lawyer

  • merger deal

    Corporate crunch time: who will triumph at The Lawyer Awards 2014?

    As the equity capital markets rocketed back into favour and global M&A saw at least a partial return to form, there have been some rich pickings for The Lawyer’s Corporate Team of the Year award shortlisted firms in 2014. 

  • singapore orchid

    Singapore: Cash course

    The city-state is working hard to become a global wealth management hub, and law firms are gearing up for a prosperous new world

View more analysis from The Lawyer


5 New Street Square

Jurisdiction: UK
No. of offices: 4
No. of qualified lawyers: 67 (International 50)