ABSTRACT
This article suggests that, with respect, the Supreme Court may have neglected the issue of ‘dishonesty’ in Hotel Portfolio II UK Ltd v Stevens [2025] UKSC 28, [2025] 3 WLR 293, in relation to the ‘dishonest’ assistance of a breach of constructive trust found to have taken place. And that the judgment is another noteworthy and potentially revealing marker – albeit seemingly an inadvertent one – in equity’s controversial transition from ‘knowing assistance’ to ‘dishonest assistance’ of a breach of trust or breach of fiduciary duty.
David Wilde, Dishonestly assisting a breach of trust: where was the dishonesty in Hotel Portfolio II UK Ltd v Stevens?, Trusts & Trustees. Published: 18 May 2026.
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