Source: All England Reporter
Publisher Citation: [2011] All ER (D) 197 (Dec)
Neutral Citation: [2011] EWHC 3392 (Comm)
Court: Queen's Bench Division, Commercial Court
Judge: Judge Hirst QC sitting as a deputy judge of the High Court
Representation Derek Sweeting QC and Timothy J Walker (instructed by Gordons LLP) for the claimant.
  Mark E G Harper (instructed by Brabners Chaffe Street LLP) for the second and third defendants.
  The fourth defendant appeared in person.
Judgment Dates: 20 December 2011

Catchwords

Fraud - Breach of trust - Constructive trust - Claimant employing first defendant - First defendant stealing £2.8m from claimant (the fraud) by diverting funds to joint account with husband (second defendant) and bank account of daughter (third defendant) - Fraud being discovered whilst first defendant away from work - First defendant being dismissed - Claimant bringing claims, inter alia, for breach of contract, breach of fiduciary duty as constructive trustee of misappropriated funds - First defendant submitting to judgment for £2.8 plus costs - Claimant bringing claims against second and third defendants for dishonest assistance, knowing receipt and tracing - Claimant applying for summary judgment - Whether defendants having real prospect of succeeding in defence of claims.

The Case

Fraud Breach of trust. Queen's Bench Division (Commercial Court): In an application by the claimant for summary judgment in relation to claims for dishonest assistance, knowing receipt and tracing against, inter alia, a former employee, it was held that the defendants had no real prospect of succeeding in their defence to certain of the claims, but that the dishonest assistance and knowing receipt claims against the third defendant would have to go to trial.

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