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After Byers v Saudi National Bank: confronting the unresolved issues in knowing receipt
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The question in Byers v Saudi National Bank [2023] UKSC 51 (Byers) was disarmingly simple: does a beneficiary have a claim in knowing receipt against someone who receives absolute title to the trust property but knows at the time that the transfer was in breach of trust? Answer: No since it is logically impossible for the defendant to misdeal with the beneficiary's proprietary interests when the defendant never held any property subject to those interests (paras 6 44 158-159 172 201).
The majority reached that conclusion in nine short paragraphs setting out what was agreed by all five judges as determining the outcome of the appeal. Lord Briggs and Lord Burrows delivered separate judgments ranging widely across a number of unresolved issues surrounding knowing receipt. Given the importance of these issues this commentary ignores the unsurprising ratio of the case and focuses...
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