14. Equitable liability of third parties web links

14. Equitable liability of third parties web links


'Nelsonian knowledge' is sometimes referred to as 'blind-eye knowledge' (see, Credit Suisse ( Monaco) SA v Attar [2004] EWHC 374 and Manifest Shipping Co v Uni-Polaris Shipping Co [2003] 1 AC 469, House of Lords. In the latter case Lord Clyde held that such knowledge requires 'a conscious reason for blinding the eye. There must be at least a suspicion of a truth about which you do not want to know and which you refuse to investigate'. http://www.publications.parliament.uk/pa/ld200001/ldjudgmt/jd010118/manife-1.htm

In Criterion Properties Plc v Stratford UK Properties LLC [2004] 1 WLR 1846, House of Lords, Lord Scott of Foscote acknowledged that the law relating to knowing receipt of assets may be applicable where assets have been transferred by a fully executed contract. Lord Scott of Foscote dismissed the appeal in Criterion on the basis that the contract in the case was merely executory (the subject of the contract had not yet been transferred).

However, Lord Nicholls (who supports strict liability for receipt of trust property) expressed his opinion that the Court of Appeal in Akindele had been wrong to consider the law of knowing receipt in relation to the fully executed contractual transfer of assets in that case. http://www.publications.parliament.uk/pa/ld200304/ldjudgmt/jd040617/critrn-1.htm

Dubai Aluminium Company Limited v Salaam (2002), HL


Dishonest assistance and vicarious liability

Twinsectra Limited v Yardley [2002] UKHL 12, HL.


A Speirs 'Escape from the Tangled Web' [2002] 3 Web JCLI


An article on Twinsectra Limited v Yardley

S Gardner 'Knowing Assistance And Knowing Receipt: Taking Stock' (1996) 112 LQR 56


A full text article from the website of James Kessler, Barrister, the author of Drafting Trusts and Will Trusts (London: Sweet & Maxwell)

For the full text of the decision of the Privy Council in Barlow Clowes International Ltd. (In Liquidation) v. Eurotrust International Limited [2006] 1 All ER 333, Privy Council, which re-interprets the decision of the House of Lords in Twinsectra v Yardley, see http://www.bailii.org/uk/cases/UKPC/2005/37.html

See, also, Starglade Properties Ltd v Nash & Ors [2010] EWHC 148 (Ch)


Williams v. Central Bank of Nigeria


Supreme Court on the ‘ancillary’ equitable liability of strangers to the trust

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