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Knowing receipt and the proprietary base: Part II
In Byers v Samba Financial Group [2021] EWHC 230 (Ch), Fancourt J held that a knowing claim could not be maintained against a knowing recipient where the claimant’s proprietary interest had been extinguished by or before receipt. The Court of Appeal has now affirmed that decision: [2022] 4 WLR 22. The court’s reasoning helpfully elucidates the theoretical basis of knowing receipt-based liability (appearing to espouse a property-based theory), but risks significantly curtailing the remedies available to beneficiaries in cases involving trust assets located abroad.
1 JUN 2022
