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United Kingdom

Barlow Clowes v Eurotrust International Ltd

[2005] UKPC 37; [2006] 1 WLR 1476
JurisdictionUnited Kingdom
CourtJudicial Committee of the Privy Council (on appeal from the Isle of Man)
Year2006
StatusPersuasive authority

Key Principle

Liability for dishonest assistance in a breach of trust requires a dishonest state of mind, judged by the objective standard of ordinary honest people; it suffices that the defendant knew the transaction was one in which he could not honestly participate, or suspected wrongdoing and consciously decided not to inquire, and he need not know that a trust existed or that the assets were trust property.

Area of Law

General

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