Fitzalan-Howard (Norfolk) & Anor v Hibbert

Fitzalan-Howard (Norfolk) & Anor v Hibbert

The defendant did not act dishonestly or assist in any breach of trust or fiduciary duty, nor did he owe a fiduciary duty to the claimants; he had no responsibility for the mistaken payment or its repayment, and the claimants' allegations fail on the facts and law.

Parties
Claimant: The Most Noble Edward Fitzalan-Howard Duke of Norfolk; Claimant: Norfolk Trustees Limited; Defendant: Craig Michael Hibbert
Jurisdiction
England and Wales
Judgment Date
12 November 2009
Procedural Posture
Civil / Judgment
Outcome
Claim dismissed
Legal Topics
Dishonest Assistance, Mistaken Payment, Constructive Trust, Breach of Fiduciary Duty
Trusts Restitution Fiduciary Law Dishonest Assistance Mistaken Payment Constructive Trust Breach of Fiduciary Duty

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Parties

The Most Noble Edward Fitzalan-Howard Duke of Norfolk

Claimant

Norfolk Trustees Limited

Claimant

Craig Michael Hibbert

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant dishonestly assisted in a breach of trust or fiduciary duty by ECSL
  2. 2 Whether the defendant owed and breached a fiduciary duty to the claimants
  3. 3 Whether ECSL held the mistaken payment on constructive trust for the claimants

Ratio Decidendi

The defendant did not act dishonestly or assist in any breach of trust or fiduciary duty, nor did he owe a fiduciary duty to the claimants; he had no responsibility for the mistaken payment or its repayment, and the claimants' allegations fail on the facts and law.

Court Disposition

Claim dismissed

Orders

  • Judgment for the defendant