Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd
| Jurisdiction | England & Wales |
| Judge | THE HON MR JUSTICE LEWISON,The Hon Mr Justice Lewison |
| Judgment Date | 30 June 2010 |
| Neutral Citation | [2010] EWHC 1614 (Ch) |
| Docket Number | Case No: HC07C03030 |
| Court | Chancery Division |
| Date | 30 June 2010 |
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11 cases
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Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd
...issues relating to tracing claims. The background The facts in outline 3 I take the relevant facts largely from the judgment below at [2010] EWHC 1614 (Ch), paras 3–19, where Lewison J set out the background, which was more fully described by Rimer J in an earlier case, Sinclair Investment ......
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National Crime Agency v Mr Ayodele Odewale
...test).” He relied on Lewison J's (obiter) exposition of notice in Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd [2010] EWHC 1614 (Ch) at [98], this was approved by the Court of Appeal in Sinclair Investments UK Ltd v Versailles Trade Finance Ltd [2012] 453 Ch (CA). Lewison J......
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ARB International Ltd v Baillie
...CLC 524. Pryke v Gibbs Hartley Cooper LtdUNK[1991] 1 Ll Rep 602. Sinclair Investments (UK) Ltd v Versailles Trade Finance LtdUNK[2010] EWHC 1614 (Ch); [2011] 1 BCLC Velos Group Ltd v Harbour Insurance Service LtdUNK[1997] 2 Ll Rep 461. XL Speciality Insurance Co v Carvill America Inc (31 Ma......
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Enright v Enright
...Liability” in Andrew Butler (ed), above n 117, at 575, 584–585. Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd [2010] EWHC 1614 (Ch) at [83]– [88]; the English Court of Appeal left this point open in Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd [2011] EWCA Civ ......
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3 books & journal articles
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UNAUTHORISED FIDUCIARY GAINS AND THE CONSTRUCTIVE TRUST
...remedy was awarded, see Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd[2011] 3 WLR 1153 (CA) at [70], per Lord Neuberger; [2011] 1 BCLC 202 (Ch) at [41]–[47], per Lewison J. See also Peter Birks, “Personal Restitution in Equity”[1988] LMCLQ 128 at 133. 17 For the view that a c......
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RECONFIGURING THE NO CONFLICT RULE
...refer to breaches of it as a breach of fiduciary duty, see, for example, Lewison J in Sinclair Investments (UK) Ltd v VersaillesUNK[2011] 1 BCLC 202 at [26] but cf treatment in Re Neath Rugby Ltd, Hawkes v Cuddy (No 2)UNK[2009] 2 BCLC 426 where the court does not describe the duty as fiduci......
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The “No Profit from Another's Fraud” Rule and the “Knowing Receipt” Muddle
...plc v DB Thakerar & Co [1999] 1 All ER 400 at 408 per Millett LJ; Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd [2010] EWHC 1614 (Ch) at para [30] per Lewison J: the phrase “ ‘held by the fiduciary as constructive trustee’ has caused much trouble, and it has led to considerab......