Bona Fide Purchaser in UK Law

Leading Cases
  • Independent Trustee Services Ltd v GP Noble Trustees Ltd
    • Court of Appeal (Civil Division)
    • 28 February 2012

    The trustee acting in breach of trust can transfer the legal title, but cannot vest the beneficial interest in the property in a bona fide purchaser for value without notice, since he does not own that title and is not acting in a way which enables him, under the trust, to overreach the beneficiaries' equitable interest.

  • Credit Agricole Corporation and Investment Bank v Papadimitriou
    • Privy Council
    • 24 March 2015

    The hypothesis is that the claimant has established a proprietary interest in the asset, and the question is whether the defendant has established such absence of notice as entitles him to assume that there are no adverse interests. There must be something which the defendant actually knows (or would actually know if he had a reasonable appreciation of the meaning of the information in his hands) which calls for inquiry.

  • Foskett v McKeown
    • House of Lords
    • 24 May 2000

  • Abdul Ghani El Ajou v Dollar Land Holdings Ltd Factorum NV
    • Court of Appeal (Civil Division)
    • 02 December 1994

    This is a claim to enforce a constructive trust on the basis of knowing receipt. For this purpose the plaintiff must show, first, a disposal of his assets in breach of fiduciary duty; secondly, the beneficial receipt by the defendant of assets which are traceable as representing the assets of the plaintiff; and thirdly, knowledge on the part of the defendant that the assets he received are traceable to a breach of fiduciary duty.

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Legislation
  • Legal Practitioners (Ireland) Act 1876
    • UK Non-devolved
    • Saturday January 01, 1876
    ... ... such charge or right shall, unless made to a bona fide purchaser for value without notice, be ... ...
  • Finance Act 1940
    • UK Non-devolved
    • Monday January 01, 1940
  • Land Registration Act 2002
    • UK Non-devolved
    • Tuesday January 01, 2002
    ... ... (6) and 238 of that Act (under which a purchaser in good faith for money or money’s worth takes ... 85: Bona vacantia ... Rules may make ... ...
  • Finance Act 1920
    • UK Non-devolved
    • Thursday January 01, 1920
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Books & Journal Articles
  • The Conundrum of Balance Under Ghana's Legal System: The Protection of a Buyer in Good Faith and the Principle of Caveat Emptor
    • No. , May 2022
    • African Journal of International and Comparative Law
    • 197-210
    ... ... complexities of protecting an innocent purchaser and the owner of goods with regards to transfer ... the protection of a buyer in good faith (bona fide purchaser) and an owner of goods. Ghana is ... ...
  • The Misguided Quest: The Clear Case against UNIDROIT
    • No. 4-1, March 1996
    • Journal of Financial Crime
    • 54-59
    The purpose of this article is to give a perspective on the latest attempt, via a multinational agreement, to limit and control the international trade in cultural artifacts. The scope of the propo...
    ... ... However, it goes fur-ther. It orders that a bona" fide purchaser must give up his stolen property \xE2\x80" ... ...
  • THE FINE ART OF FRAUD.
    • Vol. 27 No. 4, December 2022
    • Art Antiquity & Law
    • Faekova, Natalia
    ... ... to the original owner and fails to shield a bona fide purchaser from lengthy litigation. One ... ...
  • Payment of Pecuniary Legacies
    • No. 18-6, November 1955
    • The Modern Law Review
    ... ... impregnable position of a legal bona fide purchaser. As it is, the conception ... ...
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Law Firm Commentaries
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