Restitution Discussion Group Archives
| Sender: |
Felicity Toube |
| Date: |
Wed, 14 Jun 2000 11:40:45 +0100 |
| Re: |
BCCI Overseas v. Akindele |
The
Court of Appeal today gave judgment in BCCI
Overseas v. Akindele. This case has restates the test for "knowing receipt"
liability . The judge at first instance applied a test of dishonesty. BCCI
(the Appellants) argued that the test extended to constructive knowledge/notice.
The CA has laid down its own test:
"All that is necessary is that the recipient's state
of knowledge should be such as to make it unconscionable for him to retain
the benefit of the receipt."
I expect that the transcript will be available through
the usual channels shortly.
Felicity Toube
3-4 South Square
Gray's Inn
<== Previous message Back to index Next message ==>
»
»
»
»
| For
editorial policy, see here. For the unedited archive, see here. The archive editor is Steve Hedley. |
