Starglade Properties Ltd v Nash & Ors [2010] EWHC 148 (Ch) (26 January 2010)

Starglade Properties Ltd v Nash & Ors [2010] EWHC 148 (Ch) (26 January 2010)

Mr. Nash was not liable for dishonest assistance because he did not know or suspect that the monies were held on trust for Starglade, nor did his conduct meet the objective standard of dishonesty. However, he was liable for knowing receipt of £15,500 as his knowledge and failure to make further enquiry rendered it unconscionable for him to retain the benefit.

Citation
[2010] EWHC 148 (Ch)
Parties
Claimant: Starglade Properties Limited; 1st Defendant: Roland Nash; 2nd Defendant: Warners Law LLP; 3rd Defendant: Robert Twining
Jurisdiction
England and Wales
Judgment Date
26 January 2010
Procedural Posture
Chancery Division Civil Claim / Judgment After Trial
Outcome
Claim for dishonest assistance dismissed; claim for knowing receipt in respect of £15,500 succeeds.
Legal Topics
Dishonest Assistance, Knowing Receipt, Breach of Trust, Directors' Duties, Preferential Payments, Misfeasance
Equity and Trusts Company Law Dishonest Assistance Knowing Receipt Breach of Trust Directors' Duties Preferential Payments Misfeasance

Case Brief

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Parties

Starglade Properties Limited

Claimant

Roland Nash

1st Defendant

Warners Law LLP

2nd Defendant

Robert Twining

3rd Defendant

Procedural Posture

Chancery Division Civil Claim / Judgment After Trial

Legal Issues

  1. 1 Whether Mr. Nash is liable for dishonest assistance in breach of trust by Larkstore
  2. 2 Whether Mr. Nash is liable for knowing receipt of trust property

Ratio Decidendi

Mr. Nash was not liable for dishonest assistance because he did not know or suspect that the monies were held on trust for Starglade, nor did his conduct meet the objective standard of dishonesty. However, he was liable for knowing receipt of £15,500 as his knowledge and failure to make further enquiry rendered it unconscionable for him to retain the benefit.

Court Disposition

Claim for dishonest assistance dismissed; claim for knowing receipt in respect of £15,500 succeeds.

Orders

  • Mr. Nash to account to Starglade for £15,500 received by him personally.