El Ajou v Dollar Land Holdings plc
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.
El Ajou v Dollar Land Holdings plc | |
---|---|
Nine Elms, Battersea (where some of the laundered proceeds ended up) | |
Court | Court of Appeal |
Full case name | Abdul Ghani el Ajou v (1) Dollar Land Holdings Limited, and (2) Factorum NV |
Decided | 1993 |
Citation(s) | [1993] EWCA Civ 4 [1993] 3 All ER 717 [1994] BCC 143 |
Court membership | |
Judge(s) sitting | Nourse LJ, Rose LJ, Hoffman LJ |
Keywords | |
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.
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See also
- English trusts law
Notes
References
External links
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