Jurisdiction(s):
United Kingdom

Key definition

Set aside definition

What does Set aside mean? In practice, to set aside means the court vacates (cancels) a judgment, order or procedural step so the case reverts to the position before it was made or taken. The expression is used across civil and insolvency procedure and reflected in court rules and case law rather than a single statutory definition. Usage is broadly consistent in England & Wales, Northern Ireland and Ireland; in Scotland the equivalent remedies are “recall” (of decree/interlocutor) or “reduction”, though practitioners may use “set aside” descriptively. Typical applications to set aside include: default judgment; orders made without notice (ex parte); steps taken following irregular service...

Pension trustees’ mistaken decisions: Hastings-Bass after Pitt v Holt, equitable relief for mistake versus rectification, and pensions-specific limits from Kerr, Mettoy, Sieff v Fox and Smithson v Hamilton

Published by a LexisNexis Pensions expert

Practice notes

This Practice Note reviews how case law has progressively defined the scope of circumstances in which trustees of a trust, including those operating an occupational pension scheme, may have documents they previously executed set aside where some form of mistake undermined their execution of the instrument. While the discussion concentrates on the principles in a pension scheme context, a number of the authorities arise from the practice of employing trust structures to avoid or save tax. In place of setting aside a document on the basis of mistake, it may in some cases be possible to correct the error retrospectively through the equitable remedy of rectification. For further information on rectification, see Practice Notes: Amending mistakes and rectification in pensions and Rectification—the key cases for pension lawyers.

Hastings-Bass The facts

The case of Hastings-Bass v Inland Revenue Commissioners arose when the trustees of a trust settlement used a power of advancement under that trust to pass some funds from that trust to another trust (the Transfer). Their objective was to lessen the estate duty payable under the first trust...

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David Gallagher

Fieldfisher

David Gallagher is head of the pensions practice at Fieldfisher and advises a wide range of clients - employers large and small, trustees, pension product providers and individuals - on day-to-day pensions matters, scheme restructurings, winding up schemes, investment and litigation issues.Originally qualified as a barrister, David worked in the public sector from 1993 to the end of 1999. He has specialised in pensions law since 1996. David has played a leading role in developing the firm's public sector pensions practice which is now widely recognised as a market leader. He has worked on a number of high profile and sensitive projects for government bodies and he has been at the forefront of developing drafting solutions for the greater protection of public funds on future re-tenders mandated by revised government guidance.David handles all areas of work, from drafting trust deeds and rules for new...

Web page updated on 21/05/2026

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