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United Kingdom beneficial ownershipillegality defence

Hniazdzilau v Vajgel

[2015] EWHC 1582 (Ch)
JurisdictionUnited Kingdom
CourtHigh Court (Chancery Division)
Year2015
StatusBinding authority

Key Principle

Where a claimant proves that he provided the funds used to acquire shares registered in another's name with the intention that the shares be held for him, the registered shareholder holds the shares on resulting/constructive trust for the claimant as beneficial owner, and such a claim is not defeated by illegality where the claimant does not need to rely on any illegality to establish it.

Area of Law

General

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Aabar Holdings S.A.R.L. and others v Glencore Plc and others [2026] EWHC 877 (Comm)
Waterside Class Limited v Mowi ASA & Ors [2026] CAT 32

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