Podcast Location:
Download it here [file size: 24.4 MB]
Categories:
Corporate & Commercial Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to review the conceptual underpinnings of the doctrine of knowing receipt. It will examine the circumstances in which the doctrine comes into play and what consequences flow from it. It will discuss the difference between the remedy that can be both proprietary and personal in nature, the degree of ‘fault’ required and the confusion about the ambit of the doctrine. The podcast will also examine how the doctrine might be reformed and how the courts have grappled with knowing receipt in trying to reconcile conflicting case law.

Outcomes:
After completing the course you will:
  • Understand the legal and equitable mechanisms that protect property rights;
  • Understand how property rights can be vindicated where the property has been dissipated or destroyed by the recipient;
  • Understand the scope of the doctrine of knowing receipt;
  • Be aware of its conceptual confusion with the related doctrine of knowing (now dishonest) assistance;
  • Understand the issues regarding the degree of knowledge required to ground an action for knowing receipt;
  • Understand the consequences for a person against whom an action for knowing receipt is successful;
  • Be aware of the arguments as to how the test for knowing receipt might be reformed.
Level:
Complex Difficulty: 4 of 5
Classification:
Legal Principles
Sources and References:
  • Bank of Credit and Commerce International (Overseas) Ltd v Akindele [2001] Ch 437;
  • Baylis v The Bishop of London [1913] 1 Ch 127;
  • Lipkin Gorman v Karpnale [1991] 2 AC 548;
  • Barnes v Addy (1874) 9 Ch. App. 244;
  • Re Diplock [1951] AC 251;
  • Belmont Finance Corpn Ltd v Williams Furniture Ltd (No 2) [1980] 1 All ER 393;
  • Karak Rubber Co Ltd v Burden (No 2) [1972] 1WLR 602;
  • Rolled Steel Products (Holdings) Ltd v British Steel Corporation [1986] Ch 246;
  • Agip (Africa) Ltd v Jackson [1990] Ch 256;
  • Houghton v Fayers [2000] 1 BCLC 511;
  • Baden Delvaux and Lecuit & Ors v Societe General pour Favoriser le Developpement du Commerce et de l’Industrie en France SA [1983] BCLC 325;
  • Re: Montagu’s Settlement Trusts [1987] Ch 264;
  • El Ajou v Dollar Land [1994] 1 BCLC 464 ;
  • Companies Act 2006 s 40;
  • Knowing Receipt: The Need for a New Landmark” (Restitution, Past, Present and Future (1988).;
  • Criterion Properties plc v Stratford UK Properties LLC [2004] 1 WLR 1846.
Tags:

This podcast is about the development of the law concerning two related but often confused doctrines; knowing receipt and dishonest (sometimes known as ‘knowing’) assistance. These doctrines serve to protect the property rights of a person whose property is in the hands of a third party in circumstances when it should not be.

Podcast added: 23/12/10

Podcast last reviewed: 2011-06-27

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