Bona Fide Purchase, Knowing Receipt and Proprietary Claims to Land and Carbon Credits

Abstract

Two recent decisions examine the way in which knowing receipt works and in particular the relationship with bona fide purchase and the standard of knowledge required. In Armstrong DLW GmbH v Winnington Networks Ltd Armstrong first made a claim to vindicate their proprietary rights to what was described in the decision as their 'EU Allowances'; secondly they claimed in unjust enrichment to recover the value of those allowances; and thirdly they claimed in knowing or unconscionable receipt. In Arthur v AG of the Turks and Caicos Islands the Privy Council had to decide on the applicability of knowing receipt in the Torrens land registration system in force on the islands. Sir Terence Etherton also had something to say on the standard of knowledge required and the relationship with bona fide purchase.