Bhaur and others v Equity Trustees and others [2023] EWCA Civ 534—When will equity set aside a voluntary disposition for mistake?

Abstract

Abstract On 18 May 2023, the Court of Appeal handed down its decision in Bhaur and others v Equity Trustees and others [2023] EWCA Civ 534. The Court declined to grant equitable relief to set aside the transfer of the Claimants’ family wealth into an employment benefit trust. This was despite the fact that the Claimants had acted on dishonest advice and the catastrophic financial consequences of the transaction. The Court found that as the Claimants were aware of the nature of the tax avoidance scheme, it would not be unconscionable to refuse equitable relief.