| Commentary

36 Void or voidable?

| Commentary

36 Void or voidable?

There was much debate on whether the trustees’ actions in the Hasting-Bass line of cases were void or voidable. The Supreme Court (affirming the Court of Appeal) had no doubt that the trustees’ dispositions were voidable. Lord Walker commented1:

‘The rule, properly understood, depends on breach of duty in the performance of something that is within the scope of the trustees’ powers, not in the trustees doing something that they had no power to do at all. Beneficiaries may lose their right to complain of a breach of trust by complicity, by laches or

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