Adelaide Partnerships Ltd & Ors v Danison & Ors

Adelaide Partnerships Ltd & Ors v Danison & Ors

Mrs Danison had sufficient knowledge and suspicion of the fraudulent origin of funds transferred into the Isabella and Spanish accounts, deliberately closed her eyes to the possibility of illegitimacy, and assisted in the fraud by providing destination accounts and signing instructions. Her conduct was dishonest by ordinary standards. Mr Horowitz did not have sufficient knowledge or suspicion to be found dishonest or liable for knowing receipt.

Parties
Claimant: Adelaide Partnerships Limited & Others; Defendant: Danison & Others; Defendant: Mrs Danison (Fifth Defendant); Defendant: Mr Herman Horowitz (Seventh Defendant)
Jurisdiction
England and Wales
Judgment Date
24 February 2011
Procedural Posture
Civil / Trial Judgment
Outcome
Claim against Mrs Danison for dishonest assistance is made out; claim against Mr Horowitz is dismissed.
Legal Topics
Dishonest Assistance, Knowing Receipt, Breach of Trust, Accessory Liability, Money Laundering
Civil Fraud Equity Trusts Dishonest Assistance Knowing Receipt Breach of Trust Accessory Liability Money Laundering

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Parties

Adelaide Partnerships Limited & Others

Claimant

Danison & Others

Defendant

Mrs Danison (Fifth Defendant)

Defendant

Mr Herman Horowitz (Seventh Defendant)

Defendant

Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 Whether Mrs Danison is liable for dishonest assistance and knowing receipt in Mr Danison's frauds
  2. 2 Whether Mr Horowitz is liable for dishonest assistance and knowing receipt

Ratio Decidendi

Mrs Danison had sufficient knowledge and suspicion of the fraudulent origin of funds transferred into the Isabella and Spanish accounts, deliberately closed her eyes to the possibility of illegitimacy, and assisted in the fraud by providing destination accounts and signing instructions. Her conduct was dishonest by ordinary standards. Mr Horowitz did not have sufficient knowledge or suspicion to be found dishonest or liable for knowing receipt.

Court Disposition

Claim against Mrs Danison for dishonest assistance is made out; claim against Mr Horowitz is dismissed.

Orders

  • Mrs Danison is ordered to account for all sums paid into the Isabella account and for that part of claimants’ money paid through the Bluebird account and Marvel Pride account into the Spanish account at Caixa Catalunya.
  • Claim against Mr Horowitz is dismissed.