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LexisPSL
Richard Wilson QC, James Weale and Oliver Jones have written an article on 'Equitable Mistake' in the case of Middleton v Middleton Enterprises (Holdings) Ltd. In the Private Client analysis published by LexisPSL, the authors consider the following areas:
The court held that a series of interest-free loan agreements between a company’s shareholders and the company could be set aside for mistake under the equitable principles applicable to voluntary dispositions as set out in Pitt v Holt. The decision makes clear that the court will look at the substance of a transaction, and not simply its form, in deciding whether, on a claim for mistake, the equitable or common law principles should apply.
To read the full article sign in to LexisPSL or take a trial. Click here to redirect to the LexisNexis website.
FT Advisor
Richard Wilson QC describes the main points of the Ninian assisted suicide case and why Mr Ninian's widow claimed relief from the forfeiture rule in his will along with a list the importance of legal advice.
To view the full article, please click here
