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ARTICLE · 11 MARCH 2020

Necessary Ingredients For Ascribing Accessory Liability To Third Parties For Dishonest Assistance

Soteris Pittas & Co L.L.C
Soteris Pittas & Co L.L.C
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Soteris Pittas & Co L.L.C

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The main authority on the subject of dishonest assistance is the case of Royal Brunei Airlines v Tan [1995] 2 AC 378 according to which a person who dishonestly...

CyprusLitigation, Mediation & Arbitration
Kyriakos Pittas
Kyriakos Pittas
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The main authority on the subject of dishonest assistance is the case of Royal Brunei Airlines v Tan [1995] 2 AC 378 according to which a person who dishonestly procures or assists in a breach of trust or fiduciary obligation is liable in equity to make good for the resulting loss.

Recently, the English Court of Appeal in the case of Group Seven Limited & Ors v Notable Services LLP & Ors [2019] EWCA Civ 614 set out the current law in relation to dishonest assistance as being the following:

''[...]in order to find a person liable for dishonest assistance of a breach of trust, it is necessary to establish that:

(a) there was a trust in existence at the material time;

(b) the trustee committed a breach of that trust;

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