The case confirms the availability of the remedy in claims against third parties for dishonest assistance. The case gives the circumstances in which the remedy will be available: Where there is a sufficient causal connection between the dishonest assistance and the profit; Causation element is not required for a fiduciary liability to account for a…
Cases: Equity & Trusts
Yussouf v Solicitors Regulatory Authority [2018] EWHC 211
The test is objective: whether the applicant had acted dishonestly by the standards of reasonable and honest people. However, it involved reference to the individual’s actual state of mind as to the facts.
Ivey v Genting Casinos (UK) Ltd (trading as Crockfords Club) [2017] 3 WLR 1212
A professional gambler appealed against a decision that the respondent casino could refuse to pay him winnings of £7.7 million on the basis that he had cheated. He managed to use the “edge-sorting” technique on the cards so that he could note little physical differences in the edges of the cards. The gambler believed that…
Barlow Clowes in Liquidation v Eurotrust International Ltd [2006] 1 WLR 1470
Barlow Clowes committed fraud against the investors. The issue here was the movement of these funds which went offshore. The money was paid to a company in Isle of Man. Claims were brought against Mr. Peter Henwood who was the director of a company in Isle of Man. As it went through Isle of Man,…
Brinks Ltd v Abu Saleh and Others (No 3) The Times Oct 23 1995
A claim was brought against Mr. and Mrs. Elcombe who laundered the proceeds of a robbery. Mrs. Elcombe thought that this was being done to evade tax. She went with her husband on three out of six trips to Zurich in which he laundered over three million pounds. Issue: Has she dishonestly assisted her husband?…