Williams v Central Bank of Nigeria [2014] UKSC 10

WTLR Issue: June 2014 #140

WILLIAMS

V

CENTRAL BANK OF NIGERIA

Analysis

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.

Counsel details

Guy Philipps QC and Edward Levey (Fountain Court Chambers, Fountain Court, Temple, London EC4Y 9DH, tel 020 7583 3335, e-mail chambers@fountaincourt.co.uk) 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 clerks@serlecourt.co.uk) instructed by Alfred James & Co Solicitors LLP (406A Brighton Road, South Croydon CR2 6AN, tel 020 8681 4627, e-mail solicitors@alfred-james.com) for the respondent.

Cases referenced

Cases in bold have further reading - click to view.

Legislation referenced

Legislation in bold has further reading - click to view.

  • Judicature Act 1873, s25
  • Limitation Act 1939, ss19, 31
  • Limitation Act 1980, ss21, 23, 32, 38
  • Trustee Act 1888, ss1, 8
  • Trustee Act 1925, s68