On 20 December 2023 the Supreme Court delivered an early Christmas
present to the Respondent Bank and to those uncertain as to the precise
reach of claims for knowing receipt of the proceeds of breach of trust.
And in a welcome approach, whilst Lords Briggs and Burrows delivered their
own lengthy judgments (reaching the same conclusion by slightly different
routes) Lord Hodge delivered a judgment of 8 paragraphs setting out what
was a summary of “what has been agreed as determining the outcome of this
appeal” with which Lords Leggatt and Stephens agreed. Thus there is a
summary of 6 principles which determined the appeal (and which set out
certain issues for the first time at Supreme Court level), and for those wishing
to delve further there are a further 190 paragraphs to digest.
Please click through to read the full article by William McCormick KC.
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