Abellan v S. C. Bank [2004] JLR_Note 36 (22 July 2004)

Abellan v S. C. Bank [2004] JLR_Note 36 (22 July 2004)

Dishonesty is a necessary element for liability in knowing assistance under constructive trust principles.

Parties
Applicant: Abellan; Respondent: S. C. Bank
Jurisdiction
Jersey
Judgment Date
22 July 2004
Procedural Posture
Civil / Judgment
Legal Topics
Constructive Trusts, Knowing Assistance, Dishonesty
Trusts Constructive Trusts Knowing Assistance Dishonesty

Case Brief

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Parties

Abellan

Applicant

S. C. Bank

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the respondent is liable for knowing assistance in breach of trust
  2. 2 Whether dishonesty is established for constructive trust liability

Ratio Decidendi

Dishonesty is a necessary element for liability in knowing assistance under constructive trust principles.