In connection with a transaction dating back to 1986 the respondent paid $6,520,190 to a solicitor in England to be held in trust on terms that it should not be released until certain funds were made available to him in Nigeria. The solicitor pocketed $500,000 and, in fraudulent breach of trust, paid out the balance to the appellant’s account with Midland Bank in London. It was alleged that the appellant was a party to the fraud. The respondent obtained permission to serve a claim form out of the jurisdiction and an application was made to set aside that permission.
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Guy Philipps QC and Edward Levey (Fountain Court Chambers, Fountain Court, Temple, London EC4Y 9DH, tel 020 7583 3335, e-mail firstname.lastname@example.org) instructed by Berwin Leighton Paisner LLP (Adelaide House, London Bridge, London EC4R 9HA, tel 020 3400 1000) for the appellant.
Jonathan Adkin QC (Serle Court, 6 New Square, Lincoln’s Inn, London WC2A 3QS, tel 020 7242 6105, e-mail email@example.com) instructed by Alfred James & Co Solicitors LLP (406A Brighton Road, South Croydon CR2 6AN, tel 020 8681 4627, e-mail firstname.lastname@example.org) for the respondent.
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Barlow Clowes International Ltd v Eurotrust International Ltd