December 20, 2023
The Supreme Court handed down judgment today clarifying the law on knowing receipt where the relevant property is received in a foreign jurisdiction under whose law the claimant’s proprietary equitable interest in the property has been extinguished or overridden. The court held that a claim in knowing receipt cannot be sustained in such circumstances. The judgment brings a welcome degree of clarity to the necessary elements in a claim for knowing receipt, and also the principled function of the remedy. Jonathan Crow KC and James Knott represented the Appellants.
Download the judgment.