Dubai Aluminium Company Ltd v Salaam

JurisdictionUK Non-devolved
JudgeLORD NICHOLLS OF BIRKENHEAD,LORD SLYNN OF HADLEY,LORD HUTTON,LORD HOBHOUSE OF WOODBOROUGH,LORD MILLETT
Judgment Date05 December 2002
Neutral Citation[2002] UKHL 48
Date05 December 2002
CourtHouse of Lords
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301 cases
  • James Scott Winter v Hockley Mint Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 15 November 2018
    ...it is just and fair for liability to be imposed on the principal for the wrongdoing of the agent. 27 The Judge then referred to Dubai Aluminium Co Ltd v Salaam [2002] UKHL 48, [2003] 2 AC 366 and said (at [49]) that it confirmed that the relevant test for a principal's vicarious liability......
  • Sagicor Ins v Crawford
    • Cayman Islands
    • Grand Court (Cayman Islands)
    • 14 February 2011
    ...(11) County Ltd. v. Girozentrale Secs., [1996] 3 All E.R. 834; [1996] 1 BCLC 653, referred to. (12) Dubai Aluminium Co. Ltd. v. Salaam, [2003] 2 A.C. 366; [2002] 3 W.L.R. 1913; [2003] 1 All E.R. 97; [2002] UKHL 48, dictum of Lord Nicholls applied. (13) El Ajou v. Dollar Land Holdings plc, [......
  • CIMB Bank Bhd v Maybank Trustees Bhd
    • Malaysia
    • Federal Court (Malaysia)
    • Invalid date
  • Guindarajoo a/l Vegadason v Satgunasingam a/l Balasingam
    • Malaysia
    • High Court (Malaysia)
    • 1 January 2010
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12 firm's commentaries
  • IFI Update, June 2009 - Part 1
    • United Kingdom
    • Mondaq United Kingdom
    • 14 July 2009
    ...Etherton LJ took the test for vicarious tortious liability from the decision of the House of Lords in Dubai Aluminium Co. Ltd v. Salaam [2002] UKHL 48, [2003] 2 AC 366 (which actually a case involving partnership liability, but which also made reference to the position of an employer with r......
  • Privacy & Cybersecurity Update - April 2020
    • United States
    • JD Supra United States
    • 3 May 2020
    ...UKSC 11. 4 One recent formulation of what is known as the “close connection” test can also be found in Dubai Aluminium Co Ltd v Salaam [2003] 2 AC 366, which was discussed by the court in 5 The NYDFS guidance is available here. 6 The EDPB’s letter is available here. 7...
  • Slowly Getting To Grips With Unjust Enrichment And Jersey's Legal Hot Potatoes (CMC v Forster)
    • Jersey
    • Mondaq Jersey
    • 5 December 2019
    ...circumstances of this case, is open to the respondent? is that remedy equitable? By reference to Dubai Aluminium Co Ltd v Salaam [2003] 2 AC 366, [2003] 2 All ER (Comm) 451 and (Niru Battery Manufacturing Co v Milestone Trading Ltd (No 2) [2004] EWCA Civ 487, [2004] All ER (D) 298 (Apr),[20......
  • Some Good News For Employers: Supreme Court Reverses Court Of Appeal's Decision That Morrisons Was Vicariously Liable For Unlawful Disclosure Of Personal Data By Rogue Employee
    • United States
    • Mondaq United States
    • 15 April 2020
    ...test as expressed in Lister v Hesley Hall Ltd [2002] 1 AC 215 and elaborated by Lord Nicholls in Dubai Aluminium Co Ltd v Salaam [2003] 2 AC 366. According to that test "the wrongful conduct must be so closely connected with acts the employee was authorised to do that, for the purposes of t......
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25 books & journal articles
  • 'The receipt of what?': Questions concerning third party recipient liability in equity and unjust enrichment.
    • Australia
    • Melbourne University Law Review Vol. 31 No. 1, April 2007
    • 1 April 2007
    ...liability of a recipient of equitable property is limited to where they are a 'knowing' recipient. (111) Dubai Aluminium Co Ltd v Salaam [2003] 2 AC 366, 404 (Lord Millett). See also Giumelli v Giumelli (1999) 196 CLR 101, 112 (Gleeson CJ, McHugh, Gummow and Callinan JJ); Farrow Finance Co ......
  • UNAUTHORISED FIDUCIARY GAINS AND THE CONSTRUCTIVE TRUST
    • Singapore
    • Singapore Academy of Law Journal No. 2016, December 2016
    • 1 December 2016
    ...16. 94[2014] AC 1189. 95 See also Paragon Finance plc v D B Thakerar & Co[1999] 1 All ER 400 at 408–409; Dubai Aluminium Co Ltd v Salaam[2003] 2 AC 366 at [142]; Lionel Smith, “Constructive Trusts and Constructive Trustees”(1999) 58 Camb LJ 294; and William Swadling, “The Fiction of the Con......
  • Restitution
    • Singapore
    • Singapore Academy of Law Annual Review No. 2007, December 2007
    • 1 December 2007
    ...v Farah Construction Pty Ltd[2007] HCA 22), although there is some obiter support from English cases (Dubai Aluminium Co Ltd v Salaam[2002] 3 WLR 1913; [2002] UKHL 48 at [87]; Twinsectra v Yardley[2002] 2 AC 164; [2002] UKHL 12 at [105]; Royal Brunei Airlines Sdn Bhd v Tan[1995] 2 AC 378 at......
  • Restitution
    • Singapore
    • Singapore Academy of Law Annual Review No. 2008, December 2008
    • 1 December 2008
    ...437; Tang Hsiu Lan v Pua Ai Seok[2000] SGHC 163 at [12]; Twinsectra v Yardley[2002] 2 AC 164 at [105]; Dubai Aluminium Co Ltd v Salaam[2002] 3 WLR 1913 at [87]; El Ajou v Dollar Land Holdings Plc[1993] 3 All ER 717 at 738—740. However, it appears that the court in George Raymond Zage III v ......
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