Dishonest Assistance in UK Law
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Remedies for Dishonest Assistance
The paper considers the nature of claims against dishonest assistants and the various money remedies those claims may evoke. Dishonest assistance is a form of civil secondary liability whereby the ...
- Dishonest Assistance and Accessory Liability
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The civil law: a potent crime-fighting device
Purpose: – The purpose of this paper is to increase the awareness of attorneys-at-law about the potential risks that they may encounter as a result of the developments in “intermeddler liability”. ...... ... liability”, that is, knowing receipt anddishonest assistance, has been explored. It is observed that these developments are ... serious crime.Keywords Civil recovery,Cash forfeiture, Dishonest assistance,Jamaica, Knowing receipt,Proceeds of Crime ActPaper type ... ...
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The Banker's Perspective Lord Millett's Dissent in Twinsectra Ltd v Yardley [2002] UKHL 12, [2002] 2 AC 164
... ... heads of exposure for the bank: (a) knowing receipt; and (b) dishonest assistance. Insofar as ‘knowing receipt’ is concerned, where a bank ... ...
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Equity Stalling?
... ... when considering forms of accessory liability such as dishonest assistance or knowing receipt (or whatever they may be called in ... ...
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Paul S Davies, Accessory Liability
... ... 18, 2014 SC 579, countenance the possibility that knowing (or dishonest) assistance forms part of Scots law. As Davies shows in chapter 4, while ... ...
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The Liabilities of Financial Intermediaries and Their Advisers for Handling the Proceeds of Crime
This paper considers the rules of English law which apply to fix financial intermediaries and their advisers with liability for handling the proceeds of crime. Consideration of this topic falls int...... ... -structive trustee can arise under two heads, namely knowing or dishonest assistance and knowing receipt.2 Dishonest assistance Liability of a ... ...
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SITUATIONS WHERE LIABILITY WILL ARISE UNDER CIVIL LAW IN ENGLAND AND WALES WHEN BANKS AND OTHERS HANDLE PROCEEDS OF CORRUPTION
The Committee has considered the present state of English civil law in relation to remedies available to victims of money laundering. We summarise here the relevant rules and principles of English ...... ... 3 Claims for compensation for wrongdoing are normally: (a) for 'dishonest assistance' in a breach by another of his fiduciary duty. The fiduciary is ... ...
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The implications for intermediaries in handling (innocently or otherwise) the proceeds of corruption
Reports a case study concerning two individual defendants, SK and F, who were intermediaries in a case of large‐scale fraud during the Gulf War; the Grupo Torras SA (GT) sued them in order to recov...... ... directors, he was held liablefor the frauds, as a result of the assistance that hegave.There were several separate fraudulent transac-tions. In ... for the fraud depended on whetherthe court found him to be dishonest.The explanation SK gave for these transactions wasthis. Originally he said ... ...
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Part 5: Knowledge and suspicion under the Terrorism Act (Sub‐group 4: Impact of the initiatives on other areas of the law)
Discusses the new section inserted by the Anti‐Terrorism, Crime and Security Act 2001 in the Terrorism Act 2000, which imposes an obligation of disclosure on a person who, in the course of his busi...... ... practice in countering money laundering andto give practical assistance in interpreting the UKMoney Laundering Regulations. This is ... by a third party for knowingreceipt of trust property or dishonest assistance in abreach of trust, as in Bank of Scotland v A Ltd [2001]1 WLR ... ...
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