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United Kingdom Leading Case knowing receiptequitable compensation

Re Diplock

[1948] Ch 465
JurisdictionUnited Kingdom
CourtUK Court of Appeal
Year1948
StatusBinding authority

Summary

Personal equitable claims lie against innocent recipients of misdistributed trust property, but only after remedies against the defaulting fiduciary are exhausted.

Key Principle

Personal claims against innocent recipients of trust property are available in equity (the 'Ministry of Health' claim); the claimant must first exhaust remedies against the defaulting fiduciary.

Area of Law

trusts

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A supplier's high-pressure door-to-door sales tactics targeting elderly women constituted unconscionable conduct under the Australian Consumer Law.

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