Restitution Discussion Group Archives
| Sender: |
Eoin O'Dell |
| Date: |
Wed, 30 Jan 2008 22:03:34 +0000 |
| Re: |
Mistake and Voluntary Transfers |
Hi all,
Thanks James for bringing this interesting case to my attention. But isn't it a misprediction as to a future event (the time of his death)? If so, shouldn't it be outside the definition of mistake? Is that one of the points of Dextra Bank & Trust Co Ltd v Bank of Jamaica [2001] UKPC 50 (26 November 2001) (which doesn't seem to have been discussed by Lewison J). What am I missing here? Any guidance gratefully appreciated.
Eoin.
Quoting James Lee: Dear All,
Members may be interested to note the following recent (and short) case, decided by Lewison J on mistake and voluntary transfers. The transferor under a supposedly tax efficient scheme "mistakenly believed, at the times of the transfers, that there was a real chance that he would survive for seven years whereas in fact at that time his state of health was such that he had no real chance of surviving for that long". The transfer was set aside.
Ogden & Anor v Trustees of the RHS Griffiths 2003 Settlement & Ors [2008] EWHC 118 (Ch) (25 January 2008)
Dr Eoin O'Dell main: +353-1-896 1125 Fellow & Senior Lecturer direct: +353-1-896 1178 Director of Research mobile: +353-87-2021120 School of Law main fax: +353-1-677 0449 Trinity College blog: http://www.cearta.ie Dublin 2 Ireland All opinions are personal: no legal responsibility is accepted for this email or attachments, which may be confidential or privileged or subject to a Freedom of Information request: if you have received this in error, let me know and delete it. Please think 'green' before printing. Thanks.
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