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Assisting a trustee's breach of fiduciary duty.
Member rating: No Rating | Words: | Submitted: Fri Mar 16 2007
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"Where a person assists a trustee in the breach of a fiduciary duty owed to the beneficiaries, he may be held liable, both in equity by way of knowing assistance, or at common law by way of one of the economic torts. The adoption by the House of Lords in Twinsectra v Yardley of the criminal test of dishonesty as the basis of liability in knowing assistance has made the common law route a more attractive means of obtaining recovery from such an accessory." Discuss. If a stranger knowingly and dishonestly assists a trustee in a breach of trust he will be liable for accessory liability. In the case of Barnes v Addy (1874) LR 9 Ch App 244, assistance was described as one of two limbs constituting accessory liability. Knowing assistance is the equitable action for obtaining recovery from someone who has assisted in a breach of trust (Baughen, 2002)....
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