The claimant alleged that substantial sums had been obtained from it by fraud, and in part had passed through the hands of the respondent solicitors: ‘Agip does not contend that the defendants were parties to the fraud and had actual knowledge of it. The claim is at common law for money had and received. In the alternative, it is contended that the defendants are bound to account in equity as constructive trustees. As against the first and second defendants, Agip relies on the mere receipt of the money. In addition, however, it is alleged that all the defendants and in particular the first and third, were guilty of wilful and reckless failure to make inquiries in order to satisfy themselves that they were not acting in furtherance of a fraud.’
Judges:
Fox, Butler-Sloss, Beldam LJJ
Citations:
[1990] EWCA Civ 2, [1991] Ch 547, [1992] 4 All ER 451
Links:
Jurisdiction:
England and Wales
Equity, Legal Professions
Updated: 09 July 2022; Ref: scu.248042
