Bank of Credit and Commerce International (Overseas) Ltd v Akindele
| Jurisdiction | England & Wales |
| Judge | Lord Justice Nourse,Lord Justice Ward,Lord Justice Sedley |
| Judgment Date | 14 June 2000 |
| Judgment citation (vLex) | [2000] EWCA Civ J0614-2 |
| Court | Court of Appeal (Civil Division) |
| Docket Number | A3/1998/1617 |
| Date | 14 June 2000 |
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196 cases
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Criterion Properties Plc v Stratford UK Properties LLC and Others
...Oaktree's conduct was unconscionable. This seems to have been the test applied by the Court of Appeal in Bank of Credit and Commerce International (Overseas) Ltd v Akindele [2001] Ch 437 both to questions of 'want of authority' and to liability for what traditionally has been labelled 'know......
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Aston Risk Management Ltd v Mr Lee Jones
...he received are traceable to a breach of fiduciary duty”. 284 As to knowledge on the part of a defendant, in Bank of Credit and Commerce International (Overseas) Ltd v Akindele [2001] Ch 437 at 485, Nourse LJ identified that: “ the recipient's state of knowledge must be such as to make it ......
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Madoff Securities International Ltd ((in Liquidation)) v Stephen Raven and Others
...renders receipt of the property unconscionable. El Ajou v. Dollar Land Holdings plc [1994] 2 All ER 685, 700; Bank of Credit and Commerce International (Overseas) Ltd v. Akindele [2001] Ch 437 368 Where the claimant is a company, and the claim is in respect of monies paid out by the compan......
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Uzinterimpex JSC v Standard Bank Plc
...Ch 265. Banco do Portugal v Waterlow & Sons LtdELR [1932] AC 452. Bank of Credit and Commerce International (Overseas) Ltd v AkindeleELR [2001] Ch 437. British Westinghouse Electric & Manufacturing Co Ltd v Underground Electric Railways Co of London Ltd (No. 2)ELR [1912] AC 673. Cargill Int......
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5 firm's commentaries
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Counter-Terrorist Financing: The Role of the Solicitor
...et de l'Industrie en France SA [1987] BCLC 161. See for example Bank of Credit and Commerce International (Overseas) Ltd v Akindele [2001] Ch 437. Joint Money Laundering Steering Group, 'Prevention of Money Laundering / Combating Terrorist Financing', 121–2. Mr Monty Raphael, Special Counse......
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Counter-Terrorist Financing: The Role of the MLRO
...et de l'Industrie en France SA [1987] BCLC 161. See for example Bank of Credit and Commerce International (Overseas) Ltd v Akindele [2001] Ch 437. Joint Money Laundering Steering Group, 'Prevention of Money Laundering / Combating Terrorist Financing', 7 November HM Treasury, 'Statement on M......
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Constructive Trusts: The Lurking Danger
...make it unconscionable for it to retain the benefit of the receipt? (Bank of Credit and Commerce International (Overseas) Ltd v Akindale [2001] Ch 437; [2000] 3 WLR 1423; [2000] 4 All Importantly, the Bank does not need to know the identity of the person or persons who might claim to be ben......
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IFI Update London, August/Octber 2008 - Part 1
...for it to retain the benefit of the property (per Nourse LJ in Bank of Credit and Commerce International (Overseas) Ltd v. Akindele [2001] Ch 437, at 455). It possess that knowledge as at the time of receipt or, perhaps, at the time of the use or distribution of the property. There was no e......
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21 books & journal articles
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'The receipt of what?': Questions concerning third party recipient liability in equity and unjust enrichment.
...Ibid. (13) Ibid [231] (Tobias JA). (14) Ibid [232] (Tobias JA). Cf Bank of Credit & Commerce International (Overseas) Ltd v Akindele [2001] Ch 437, 456 (Nourse LJ), where it is suggested that it would be 'a fruitless exercise' to consider the arguments in favour of a strict liability re......
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Restitution
...Pte Ltd[2002] 3 SLR 241), approved of the test of ‘unconscionable receipt’ in Bank of Credit and Commerce (International) Ltd v Akindele [2001] Ch 437 (CA), but at the same time equated it with the ‘want of probity’ test enunciated in the case of Carl Zeiss Stiftung v Herbert Smith & Co (No......
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Table of Cases
...[2005] 1 Lloyd’s Rep 225 187, 188, 189, 193 Barnes v Addy (1873–74) LR 9 Ch App 244, 43 LJ Ch 513, 22 WR 505 165, 186 BCCI v Akindele [2001] Ch 437, [2000] 3 WLR 1423, [2000] 4 All ER 421, [2000] BCC 968, [2000] Lloyd’s Rep Bank 292, CA 180 Belmont Park Investments Pty Ltd v BNY Corporate T......
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Table of cases
...315 BCCI v. Aboody, [1992] 4 All E.R. 955 (C.A.) .............................................209, 210 BCCI v. Akindele, [2001] Ch. 437 (C.A.) ............................................................ 231 BCE Inc. v. 1976 Debentureholders, 2008 SCC 69104 .......................................
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