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Barnes v Addy (1874) LR 9 Ch App 244 [1] was a decision of the Court of Appeal in Chancery.It established that, in English trusts law, third parties could be liable for a breach of trust in two circumstances, referred to as the two 'limbs' of Barnes v Addy: knowing receipt and knowing assistance.
It is a common belief that dishonest or knowing assistance originates from Lord Selbourne's judgment in Barnes v Addy: [1] [S]trangers are not to be made constructive trustees merely because they act as the agents of trustees in transactions, … unless those agents received and become chargeable with some part of the trust property, or unless they assist with knowledge in a dishonest and ...
The Court of Appeal held that City Industrial Finance was liable to account. Buckley LJ noted Barnes v Addy to mean that a stranger who receives some of the trust or assists with knowledge of facts in a dishonest design will be liable.
My Lords, wise judges have often warned against the wholesale importation into commercial law of equitable principles inconsistent with the certainty and speed which are essential requirements for the orderly conduct of business affairs: see Barnes v Addy (1874) LR 9 Ch.App. 244. 251, 255; Scandinavian Trading Tanker Co AB v Flota Petrolera ...
The Court of Appeal confirmed in Byers v Saudi National Bank [2022] EWCA Civ 43 that in order to sustain a claim in knowing receipt against a third party, then the claimants must have had a beneficial interest in the property at some point when it was in the defendant's hands and they had knowledge of the breach of trust. If the claimant's ...
WASHINGTON (Reuters) -A top Justice Department official on Wednesday told FBI agents they would not be fired if they worked on January 6 investigations because they were ordered to do so and ...
The U.S. Supreme Court is set to consider on Wednesday a woman's civil rights lawsuit over the fatal police shooting of her son during a traffic stop in Houston in a case that could make it easier ...
Cases heard in the Court of Chancery and other related articles. Pages in category "Court of Chancery cases" The following 39 pages are in this category, out of 39 total.