Trusts: The Court of Appeal reviews the elements required to establish knowing receipt, including unconscionability

University of Wolverhampton | Trusts and Estates Law & Tax Journal | September 2022 #236
Sukhninder Panesar examines a case that explores liability for knowing receipt and the need for a continuing proprietary interest The claimant must show that they have a continuing proprietary interest in property which is in the hands of the alleged knowing recipient. Where such a finding is not made, the requisite unconscionability does not exist, …

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Trusts: Test of dishonesty revisited

University of Wolverhampton | Trusts and Estates Law & Tax Journal | October 2019 #210
Sukhninder Panesar looks at recent case law on liability for knowing assistance ‘In order for a stranger to be held liable for assisting in a breach of trust, a number of requirements must be met.’ What constitutes dishonesty in the English legal system has continued to challenge both civil and criminal courts. Over the last …

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