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Dishonest strangers

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Group Seven was an appeal in a number of related actions from the judgment of Morgan J. He had held, inter alia, that a Mr Landman was not liable for dishonestly assisting in a breach of trust, but that he was liable for unconscionable receipt of other, less extensive, funds (£170,000). There was no appeal against the finding of unconscionable receipt, but the claimants pursued the knowing assistance claim in the amount of €12 million, hoping to prove Mr Landman’s liability and thus open a route via vicarious liability to Notable LLP, a firm of solicitors in London and his employer. The fraud itself was complex, and the details are immaterial for present purposes. The important point is, instead, that the Court of Appeal took the opportunity to be clear, direct and pointed about the scope of liability for dishonest assistance consequent on a breach of trust or breach of fiduciary duty



Breach of fiduciary duty; Breach of trust; Dishonest assistance; Dishonesty; Imputed knowledge

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The Conveyancer and Property Lawyer

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