释义 |
knowing receipt If a stranger receives trust property knowing it to be in breach of trust, he may be liable to account to the beneficiaries for that property or for the proceeds of it. Recent cases suggest that knowing receipt of property is in itself insufficient to incur liability, a test based upon unconscionability being preferred (Bank of Credit and Commerce International (Overseas) Ltd v Akindele [2000] EWCA 502; Arthur v Attorney-General of the Turks and Caicos Islands [2012] UKPC 30). See accessory liability in breach of trust. See also tracing trust property. |