Clarkson v Davies: PC 1923

In a case involving fraud, referring to Taylor v Davies, Lord Justice Clerk said that: ‘it was there laid down that there is a distinction between a trust which arises before the occurrence of the transaction impeached and cases which arises only by reason of that transaction.’
References: [1923] AC 100
Judges: Lord Justice Clerk
This case cites:

  • Cited – Taylor v Davies PC 19-Dec-1919
    (Ontario) An assignee for the benefit of creditors conveyed mortgaged property to the mortgagee in satisfaction of part of the debt due to him. The mortgagee was also one of the inspectors required by the Canadian legislation to supervise the . .
    ([1920] AC 636, , [1919] UKPC 136, )

This case is cited by:

  • Cited – DEG-Deutsche Investitions und Entwicklungsgesellschaft mbH v Koshy and Other (No 3); Gwembe Valley Development Co Ltd (in receivership) v Same (No 3) CA 28-Jul-2003
    The company sought to recover damages from a director who had acted dishonestly, by concealing a financial interest in a different company which had made loans to the claimant company. He replied that the claim was out of time. At first instance the . .
    (, [2003] EWCA Civ 1048, Times 09-Sep-03, [2004] 1 BCLC 131)
  • Cited – Dubai Aluminium Company Limited v Salaam and Others HL 5-Dec-2002
    A solicitor had been alleged to have dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners.
    Held: The acts complained of were so close to the . .
    (, Times 06-Dec-02, , [2003] 1 Lloyd’s Rep 65, [2002] UKHL 48, [2002] 3 WLR 1913, [2003] 2 AC 366, [2003] 1 All ER 97, [2003] 2 All ER (Comm) 451, [2003] 1 LLR 65, [2003] 1 BCLC 32, [2003] IRLR 608, [2003] 1 CLC 1020, [2003] WTLR 163)
  • Cited – Williams v Central Bank of Nigeria SC 19-Feb-2014
    Bank not liable for fraud of customer
    The appellant sought to make the bank liable for a fraud committed by the Bank’s customer, the appellant saying that the Bank knew or ought to have known of the fraud. The court was asked whether a party liable only as a dishonest assistant was a . .
    (, [2014] UKSC 10, 16 ITELR 740, [2014] WLR(D) 88, [2014] 2 All ER 489, [2014] 2 WLR 355, [2014] WTLR 873, , , UKSC 2012/0113, , )
  • Cited – Halton International Inc Another v Guernroy Ltd CA 27-Jun-2006
    The parties had been involved in investing in an airline to secure its future, but it was now said that one party had broken the shareholders’ or voting agreement in not allowing further investments on a pari passu basis. The defendants argued that . .
    ([2006] WTLR 1241, , [2006] EWCA Civ 801)

These lists may be incomplete.
Last Update: 21 November 2020; Ref: scu.187433