Global InformationFutter v HM Revenue and Customs information
| Futter v HM Revenue and Customs | |
|---|---|
| Court | Supreme Court |
| Full case name | Futter and another (Appellants) v The Commissioners for Her Majesty's Revenue and Customs (Respondents); Pitt and another (Appellants) v The Commissioners for Her Majesty's Revenue and Customs (Respondent) |
| Decided | 9 May 2013 |
| Citation(s) | [2013] UKSC 26 |
| Case history | |
| Prior action(s) | [2011] EWCA Civ 197, [2011] 3 WLR 19 |
| Keywords | |
| Duty of care, relevant matters | |
Futter v HM Revenue and Customs [2013] UKSC 26 is an English trusts law case, concerning the fiduciary duty to take into account relevant factors, and disregard irrelevant factors. It held that trustees who act on professional advice do not breach this duty, and that even if they do, the failure to have proper regard to relevant matters only ever renders a transaction voidable. For a transaction to be wholly set aside, as in common mistake, a decision by a trustee must be based on a truly "basic" mistake.