The Law Society of England and Wales v Habitable Concepts Ltd & Anor

The Law Society of England and Wales v Habitable Concepts Ltd & Anor

Habitable Concepts Limited knowingly received £450,150 paid in breach of trust and must account as constructive trustee. Mr Onuiri dishonestly assisted in the breach of trust and is also liable to account as constructive trustee. The evidence did not justify piercing the corporate veil for personal liability based on knowing receipt, but did for dishonest assistance.

Parties
Claimant: The Law Society of England and Wales; Defendant: Habitable Concepts Limited; Defendant: Mr Onyekechi Onuiri
Jurisdiction
England and Wales
Judgment Date
21 June 2010
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the claimant
Legal Topics
Knowing Receipt, Dishonest Assistance, Piercing the Corporate Veil, Constructive Trusteeship, Mortgage Fraud, Breach of Trust, Costs
Trusts Equity Company Law Civil Procedure Knowing Receipt Dishonest Assistance Piercing the Corporate Veil Constructive Trusteeship +3 more

Case Brief

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Parties

The Law Society of England and Wales

Claimant

Habitable Concepts Limited

Defendant

Mr Onyekechi Onuiri

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether Habitable Concepts Limited knowingly received trust money paid in breach of trust
  2. 2 Whether Mr Onyekechi Onuiri dishonestly assisted in a breach of trust
  3. 3 Whether the corporate veil should be pierced to impose personal liability on Mr Onuiri

Ratio Decidendi

Habitable Concepts Limited knowingly received £450,150 paid in breach of trust and must account as constructive trustee. Mr Onuiri dishonestly assisted in the breach of trust and is also liable to account as constructive trustee. The evidence did not justify piercing the corporate veil for personal liability based on knowing receipt, but did for dishonest assistance.

Court Disposition

Judgment for the claimant

Orders

  • Habitable Concepts Limited and Mr Onuiri are liable to account as constructive trustees for £450,150
  • Compound interest at 5% with half-yearly rests from 23 November 2007 until repayment