Where a party had in fact assisted another in a fraudulent act in breach of trust, that party was not to be held liable in equity on the basis that objectively he should have known that the acts assisted were fraudulent, but the test is rather subjective. It must be established that he acted with the actual knowledge that a fraudulent act was being perpetrated.
Judges:
Nourse LJ, Sedley LJ, Colman J
Citations:
Gazette 08-Sep-1999, Times 28-Sep-1999, [1999] 1 Lloyds Rep Banking 511
Jurisdiction:
England and Wales
Cited by:
Cited – Ultraframe (UK) Ltd v Fielding and others ChD 27-Jul-2005
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
Lists of cited by and citing cases may be incomplete.
Equity
Updated: 10 May 2022; Ref: scu.81307
