Royal Brunei Airlines Sdn Bhd v Tan
E655798
Royal Brunei Airlines Sdn Bhd v Tan is a leading UK Privy Council decision in trust and equity law that clarified the test for accessory liability for dishonest assistance in breach of trust.
Statements (34)
| Predicate | Object |
|---|---|
| instanceOf |
Privy Council case
ⓘ
judicial decision ⓘ |
| areaOfLaw |
accessory liability
ⓘ
dishonest assistance ⓘ equity ⓘ trust law ⓘ |
| citationJurisdiction | Brunei Darussalam NERFINISHED ⓘ |
| countryOfCourt | United Kingdom NERFINISHED ⓘ |
| court | Judicial Committee of the Privy Council NERFINISHED ⓘ |
| holding | Tan was liable for dishonest assistance in breach of trust NERFINISHED ⓘ |
| importance |
leading authority on dishonest assistance in equity
ⓘ
seminal case on accessory liability for breach of trust ⓘ |
| influenced |
Barlow Clowes International Ltd v Eurotrust International Ltd
NERFINISHED
ⓘ
Twinsectra Ltd v Yardley NERFINISHED ⓘ subsequent UK and Commonwealth case law on dishonest assistance ⓘ |
| jurisdiction | United Kingdom ⓘ |
| lawReportCitation | [1995] 3 All ER 97 ⓘ |
| lawReportCitation | [1995] 3 WLR 64 ⓘ |
| leadingJudge | Lord Nicholls of Birkenhead NERFINISHED ⓘ |
| legalPrinciple |
clarified that negligence alone is insufficient for dishonest assistance
ⓘ
confirmed that accessory liability is personal, not proprietary ⓘ defined dishonesty by reference to objective standards of ordinary decent people ⓘ emphasised that honesty is to be judged in light of all the circumstances known to the defendant ⓘ established that liability for dishonest assistance is based on the dishonesty of the accessory ⓘ held that the trustee’s state of mind is not determinative for accessory liability ⓘ rejected a requirement of knowledge categories for dishonest assistance ⓘ |
| neutralCitation | [1995] 2 AC 378 ⓘ |
| overruledOrQualified | earlier approaches relying on Baden categories of knowledge ⓘ |
| panelMember |
Lord Nicholls of Birkenhead
NERFINISHED
ⓘ
other Law Lords ⓘ |
| party |
Royal Brunei Airlines Sdn Bhd
NERFINISHED
ⓘ
Tan NERFINISHED ⓘ |
| subjectMatter | breach of trust by a travel agent handling airline ticket monies ⓘ |
| yearDecided | 1995 ⓘ |
Referenced by (2)
Full triples — surface form annotated when it differs from this entity's canonical label.