Source: All England Reporter
Publisher Citation: [2002] All ER (D) 288 (Jan)
Court: Chancery Division
Judge:

Etherton J

Representation Richard Spearman QC (instructed by Taylor Joynson Garrett) for the claimant.
  The sixth defendant did not appear and was not represented.
Judgment Dates: 30 January 2002

Catchwords

Trust and trustee - Constructive trust - Fraud - Knowing assistance in fraudulent design - Claimant applying for summary judgment - Whether respondent dishonestly assisting in breach of trust.

The Case

On an application for summary judgment, a defendant was not required to show that his defence was likely to succeed at trial, but the defence had to be more than arguable. The court had to take a cautious approach in respect of an allegation of dishonesty on an application for summary judgment, but the same principles applied, namely, the objective standard which would have been observed by an honest person placed in those circumstances.

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