| Source: | All England Reporter |
| Publisher Citation: | [2011] All ER (D) 321 (Mar) |
| Neutral Citation: | [2011] EWCA Civ 347 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Lord Neuberger MR, Richards and Hughes LJJ |
| Representation | Robert Miles QC and Richard Hill (instructed by Liam Hemmings, Sinclair Investments (UK) Ltd) for the the claimant. |
| Matthew Collings QC (instructed by Denton Wilde Sapte LLP) for the defendants. | |
| Judgment Dates: | 29 March 2011 |
Catchwords
Trust and trustee - Constructive trust - Fiduciary relationship - Claimants investing in business via second defendant holding company - Defendant banks providing loans to business - Business discovered to be fraudulent - Director of holding company selling shares - Proceeds of sale of shares recovered by receivers - Judge finding claimants not having proprietary rights in proceeds of sale of shares - Whether judge erring.
The Case
Trust and trustee Constructive trust. The Court of Appeal, Civil Division, upheld the judge's findings that the claimant was not entitled to a proprietary interest in the proceeds of sale of shares in a group of companies represented by the first and second defendants. The court further ruled on what constituted sufficient notice to defeat a persons claim that he was a purchaser for value without notice in good faith.
Practice Areas
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