Abstract
The recent refusal by the Appeal Committee of the House of Lords to grant leave to appeal to their Lordships' House in the case of Agip (Africa) Ltd v Jackson means that an opportunity has been lost to clarify the law with regard to the liability of a third party who helps a fiduciary commit a breach of trust. The difficulty is further compounded when one bears in mind that the ultimate appeal in Lipkin Goman v Karpnale did not involve one of the original defendants, Lloyds Bank, whose liability for enabling the gambling-addicted solicitor to sustain his predilection by cashing cheques for him was considered only by Alliott J and the Court of Appeal.
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