Knowing receipt (Lionel Smith, 19 Jun 2000)

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Sender:	Lionel Smith
Date:	Mon, 19 Jun 2000 15:15:32 +0100
Re:	Knowing receipt

The judgment in BCCI Overseas v. Akindele, on knowing receipt, which was announced by Felicity Toube, is now available on Casetrack. Unusually, it includes a thorough discussion of the required standard of awareness for liability. However, while the possibility of strict liability is mentioned, the court says that no argument was made on this point and anyway it would not have been open to the CA to accept a strict liability standard. Perhaps in a higher court ... Nourse LJ does however suggest that strict liability would be commercially unworkable, at least in cases of misapplication of company funds.

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