Attacks on trusts in civil law jurisdictions

Abstract

Abstract Modern trust litigation is distinctly international, but what happens when jurisdictions without an established law of trusts become embroiled in claims following the misapplication of trust assets? This article considers how the involvement of such non-trust jurisdictions affects claims to trace or follow equitable property rights, and in respect of dishonest assistance and knowing receipt. The latter is of particular significance in view of the 2022 decision of the Court of Appeal in Byers v Saudi National Bank—now headed for the Supreme Court—which held that actual, beneficial receipt is required to found a knowing receipt claim.