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To be liable for knowing receipt, the claimant must show, first, a disposal of his trust assets in breach of fiduciary duty; second, the beneficial receipt by the defendant of assets which are traceable as representing the assets of the claimant; and third, knowledge on the part of the defendant that the assets he received are traceable to a ...
Charles Mitchell proposes that if we adopt Peter Birk's view regarding knowing receipt (that knowing receipt can be based on unjust enrichment as well as fault), there is a strong case for treating liability for dishonest assistance and fault-based knowing receipt as aspects of a single equitable wrong of interfering with another's equitable ...
Baden v Société Générale pour Favoriser le Developpement du Commerce et de l'Industrie en France [1983] BCLC 325 is an English trusts law case, concerning breach of trust and knowing receipt of trust property.
The Supreme Court dismissed the appeal unanimously, but gave different reasons for doing so. The majority supported the judgment of Lord Briggs, who analysed a claim in knowing receipt as being ancillary to a proprietary claim. Conversely Lord Burrows categorised a claim in knowing receipt as an "equitable proprietary wrong".
Breach of trust, accessory liability, knowing receipt, knowing assistance 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 ...
Re Montagu's Settlement Trusts [1987] Ch 264 is an English trusts law case, concerning breach of trust and knowing receipt of trust property. Facts
BCCI, in fact, gave him $16.679m to do this, thus leaving $6.679m over. Akindele did not know this was part of a fraud scheme to enable BCCI Holdings to buy its own shares. The liquidator argued he was a constructive trustee, for both knowing receipt and knowing assistance.
Knowing receipt, tracing Banque Belge pour L’Etranger v Hambrouck [1921] 1 KB 321 is an English trusts law case concerning the common law remedies for receipt of trust property. Facts