Barlow Clowes International Ltd v Eurotrust International Ltd
E655799
Barlow Clowes International Ltd v Eurotrust International Ltd is a leading Privy Council decision, delivered by Lord Hoffmann, that clarified the test for dishonest assistance in breach of trust within English equity and trust law.
Statements (43)
| Predicate | Object |
|---|---|
| instanceOf |
English trusts law case
ⓘ
Privy Council case ⓘ judicial decision ⓘ |
| appliedIn | subsequent English equity cases on dishonest assistance ⓘ |
| areaOfLaw |
civil law
ⓘ
equity ⓘ trusts law ⓘ |
| citationJurisdiction | England and Wales NERFINISHED ⓘ |
| citedBy | later Privy Council and English appellate decisions on dishonesty ⓘ |
| clarified |
application of Royal Brunei Airlines v Tan
ⓘ
mental element required for dishonesty ⓘ test for dishonest assistance in breach of trust ⓘ |
| country | United Kingdom ⓘ |
| court | Judicial Committee of the Privy Council NERFINISHED ⓘ |
| followedCase | Royal Brunei Airlines Sdn Bhd v Tan NERFINISHED ⓘ |
| holding |
a dishonest state of mind may consist in suspicion combined with a conscious decision not to inquire
ⓘ
it is not necessary that the defendant should have appreciated that his conduct was dishonest by those standards ⓘ the defendant’s conduct is judged by ordinary standards of honest people ⓘ the test for dishonesty is objective ⓘ |
| importance |
clarified apparent ambiguity in earlier explanations of dishonesty
ⓘ
harmonised approach to dishonesty in equity with Royal Brunei Airlines v Tan ⓘ |
| influenced | development of English accessory liability in equity ⓘ |
| judge | Lord Hoffmann NERFINISHED ⓘ |
| jurisdiction | Privy Council NERFINISHED ⓘ |
| language | English ⓘ |
| leadingJudge | Lord Hoffmann NERFINISHED ⓘ |
| legalDoctrine |
breach of trust
ⓘ
dishonest assistance ⓘ |
| legalIssue |
accessory liability for breach of trust
ⓘ
knowledge and belief of the assister ⓘ standard of dishonesty for accessory liability ⓘ |
| legalSystem | common law ⓘ |
| party |
Barlow Clowes International Ltd
NERFINISHED
ⓘ
Eurotrust International Ltd NERFINISHED ⓘ |
| relatedConcept |
accessory liability
ⓘ
breach of fiduciary duty ⓘ constructive trustee ⓘ |
| status |
frequently cited case in trusts law
ⓘ
leading authority on dishonest assistance ⓘ |
| subjectMatter |
assistance by third parties in breach of trust
ⓘ
misapplication of investors’ funds ⓘ |
| usedFor |
defining dishonesty in equitable claims
ⓘ
guidance on mental element in accessory liability ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.