Wills & Trusts Law Reports | November 2011 #114
BA Peters plc (the company) carried on a business consisting of activities connected with boats, including their sale or purchase both on its own account and as broker for clients. It operated two bank accounts – client and current. When the company went into administration on 14 August 2007 its current account was substantially overdrawn but there was a balance on its client account amounting to £850,544.44. KPMG LLP, whose employees were the joint administrators, concluded on an analysis of the client account that the payments in originated either from sums received on be...
The Starglade case casts light on the meaning of dishonesty in the context of accessory liability, as Mark Pawlowski discusses ‘In Twinsectra Ltd v Yardley [2002], the majority of the House of Lords concluded that dishonesty also required a dishonest state of mind. This approach, however, was rejected by the Privy Council in Barlow Clowes …
Continue reading "Breach Of Trust: Dishonest or unconscionable?"
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