Private Law Theory

ABSTRACT
The principal question for the Court of Appeal in Byers v The Saudi National Bank was whether a claim in knowing receipt can succeed against a defendant who has received assets transferred in breach of trust, even though the effect of the transfer to the defendant was to extinguish or override the beneficiary’s equitable proprietary interest. The judgment also considers the proper approach of an appellate court to a trial judge’s findings on issues of foreign law.

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Alan Roxburgh, Knowing receipt: the ‘continuing proprietary interest’, Trusts and Trustees, https://doi.org/10.1093/tandt/ttac077. Published 6 July.

First posted 2022-07-11 07:00:42