Abellan & Ors -v- Standard Chartered Bank [2004] JRC 131A (22 July 2004)

Abellan & Ors -v- Standard Chartered Bank [2004] JRC 131A (22 July 2004)

The Plaintiffs' pleadings failed to properly allege dishonesty, as the particulars provided expressly stated that the Plaintiffs did not know whether the Defendant's employees had actual knowledge of the fraud or dishonesty. Without proper pleading of dishonesty, the claim for knowing assistance could not stand and the relevant paragraphs were struck out.

Citation
[2004] JRC 131A
Parties
Plaintiff: Plaintiffs (Investors); Defendant: Defendant Bank
Jurisdiction
Jersey
Judgment Date
22 July 2004
Procedural Posture
Appeal / Application to Strike Out Pleadings
Outcome
Appeal allowed in part; paragraphs alleging knowing assistance and dishonesty struck out.
Legal Topics
Knowing Assistance, Dishonest Assistance, Pleading Requirements, Discovery Obligations
Banking Law Trust Law Fraud Knowing Assistance Dishonest Assistance Pleading Requirements Discovery Obligations

Case Brief

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Parties

Plaintiffs (Investors)

Plaintiff

Defendant Bank

Defendant

Procedural Posture

Appeal / Application to Strike Out Pleadings

Legal Issues

  1. 1 Whether the Plaintiffs' pleadings sufficiently allege dishonesty to support a claim of knowing assistance against the Defendant bank
  2. 2 Whether the relevant paragraphs in the Order of Justice should be struck out for lack of proper pleading of dishonesty

Ratio Decidendi

The Plaintiffs' pleadings failed to properly allege dishonesty, as the particulars provided expressly stated that the Plaintiffs did not know whether the Defendant's employees had actual knowledge of the fraud or dishonesty. Without proper pleading of dishonesty, the claim for knowing assistance could not stand and the relevant paragraphs were struck out.

Court Disposition

Appeal allowed in part; paragraphs alleging knowing assistance and dishonesty struck out.

Orders

  • Paragraph 26 and paragraphs 24.10, 24.11, 24.13 of the Order of Justice struck out, together with matching and consequential paragraphs in relation to CAP allegations as referred to in the Summons.