Houghton and Others v Fayers and Another: CA 9 Feb 2000

A party could be held liable as a constructive trustee in respect of moneys received in breach of trust, even if there was no finding of actual dishonesty against him. The requirements were to show the payment in breach of a fiduciary duty, the traceability of the funds, and the knowledge of the recipient that the funds were paid to him in breach of a fiduciary duty.

Citations:

Times 09-Feb-2000

Jurisdiction:

England and Wales

Trusts

Updated: 10 May 2022; Ref: scu.81486