| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 13 (Jun) |
| Neutral Citation: | [2012] EWHC 1447 (Ch) |
| Court: | Chancery Division |
| Judge: | Arnold J |
| Representation | Simon Edwards (instructed by CKFT) for the claimant. |
| Matthew Hardwick (instructed by Hugh Cartwright & Amin) for the defendant. | |
| Judgment Dates: | 1 June 2012 |
Catchwords
Trust and trustee - Constructive trust - Knowing receipt - Claimant company's director using claimant's funds to purchase property - Director selling property - Director instructing payment of sum from proceeds of sale into defendant's account - Claimant being wound up - Director being found to have breached fiduciary duty - Liquidator seeking sum from defendant on basis of constructive trust.
The Case
Trust and trustee Constructive trust. The Chancery Division found that the defendant was not a constructive trustee of funds obtained by the claimant's director in breach of fiduciary duty. Accordingly, the claim by the claimant company's liquidator to recover the sum of 710,000 from the defendant as constructive trustee failed.
Practice Areas
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