El Ajou v Dollar Land Holdings plc
| El Ajou v Dollar Land Holdings plc |
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| Citation(s) |
[1993] EWCA Civ 4, [1993] 3 All ER 717 |
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| Keywords |
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Receipt, ignorance |
El Ajou v Dollar Land Holdings plc [1993] EWCA Civ 4 is an English trusts law case concerning receipt of property in breach of trust.
Facts
Mr Murad, an investment manager held El Ajou’s money but was bribed to invest in fraudulent share selling operations run by three Canadians. The proceeds got invested in Dollar Land Holdings plc, and El Ajou sought restitution on the basis it was a knowing recipient in equity.
Judgment
High Court
Millett J, 739, assumed that negligence, rather than dishonesty, triggered liability in equity for knowing receipt.
Court of Appeal
Court of Appeal overturned Millett J on the finding that the recipient company had sufficient knowledge, adopting another analysis of the facts.
See also
Knowing receipt cases |
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| | | Belmont Ltd v Williams Furniture Ltd (No 2) [1980] 1 All ER 393 | | | | Re Montagu’s ST [1987] Ch 264 | | Baden v Societe Generale [1993] 1 WLR 509 | | | | | | | | Criterion Properties plc v Stratford LLC [2004] UKHL 28 | | Arthur v AG of Turks and Caicos Islands [2012] UKPC 30 | | English trusts law |
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Ignorance sources |
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| | | | | | | | | Carl-Zeiss Stiftung v Herbert Smith & Co (No 2) [1969] 2 Ch 276 | | | | Belmont Finance Corp v Williams Ltd (No 2) [1980] 1 All ER 393 | | | | Criterion Properties plc v Stratford LLC [2004] UKHL 28 | | See English unjust enrichment |
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Notes
References
External links