Restitution Discussion Group Archives
| Sender: |
Charles Mitchell |
| Date: |
Mon, 29 Jan 2001 16:43:16 |
| Re: |
Knowing receipt |
The
Court of Appeal's decision in Grupo
Torras SA v Al-Sabah, 2nd Nov 2000, is primarily concerned with liability
for dishonest assistance in a breach of trust or other fiduciary duty, but
group members may be interested by the following passage of the judgment
jointly given by Robert Walker and Tuckey LJJ and Sir Murray Stuart-Smith
(which appears at para 122 of the transcript):
'The basis of liability in a case of knowing receipt
is quite different from that in a case of dishonest assistance. One is
a receipt-based liability which may on examination prove to be either
a vindication of persistent property rights or a personal restitutionary
claim based on unjust enrichment by subtraction; the other is a fault-based
liability as an accessory to a breach of fiduciary duty.'
_____________________________________ tel: 020 7848 2290
Dr Charles Mitchell
Lecturer in Law
School of Law
King's College London
Strand
LONDON WC2R 2LS
fax: 020 7848 2465
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