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Dishonest Assistance: Guilty Conduct or a Guilty Mind?

Published online by Cambridge University Press:  16 January 2003

Rosy Thornton
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Extract

Chancery lawyers have for many years awaited a definitive House of Lords ruling on the mental element required to make strangers to a trust liable for knowing or dishonest assistance in a breach of trust, and for knowing receipt of trust property. The appeal in Twinsectra Ltd. v. Yardley [2002] UKHL 12, [2002] 2 All E.R. 377 provided the opportunity for resolution of the issue in the former case but not the latter; the degree of knowledge required for a knowing receipt claim remains for final determination on another occasion.

Type
Case and Comment
Information
The Cambridge Law Journal , Volume 61 , Issue 3 , 11 December 2002 , pp. 524 - 526
Copyright
Copyright © Cambridge Law Journal and Contributors 2002

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