Practice and Procedure

Fraud

PUBLISHED January 19, 2012
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Breach of trust - Constructive trust - Claimant employing first defendant

Glen Dimplex Home Appliances Ltd v Smith and others: Queen's Bench Division, Commercial Court (Judge Hirst QC sitting as a deputy judge of the High Court): 20 December 2011

Queen's Bench Division (Commercial Court): In an application by the claimant for summary judgment in relation to claims for dishonest assistance, knowing receipt and tracing against, inter alia, a former employee, it was held that the defendants had no real prospect of succeeding in their defence to certain of the claims, but that the dishonest assistance and knowing receipt claims against the third defendant would have to go to trial.

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