- Followed — Lawrence Ewan McGaughey & Anor v Universities Superannuation Scheme Limited & Ors 2023-07-21
“…240 at [21] the claimant in that case wished to take advantage of a passage in the speech of Lord Nicholls of Birkenhead in Royal Brunei Airlines Sdn Bhd v Tan [1995] 2 AC 378, 391 as follows:…”
- Explained — Mark Faulkner & Ors v Vollin Holdings Limited & Ors 2022-10-21
“…t the standard of behaviour required in such circumstances is an objective one. Those principles were explained by Lord Nicholls in Royal Brunei Airlines v Tan [1995] 2 AC 378 (“Royal Brunei”) and more recently endorsed by the Supreme Court in Ivey v Genting Casinos (UK) [2018] AC 391 (“Ivey”).…”
- Cited — Steve Ward Services (UK) Limited v Davies & Davies Associates Limited 2022-02-14
“…[1995] 2 AC 378…”
- Cited — Mark Byers v The Saudi National Bank 2022-01-27
“…and received” and said that “[b]oth can be classified as receipt-based restitutionary claims”. Similarly, Lord Nicholls observed in Royal Brunei Airlines v Tan [1995] 2 AC 378, at 386, that liability for knowing receipt is “restitution-based” and, writing extra-judicially in Cornish, “Restitution Past, Present and Future” (1998), sai…”
- Cited — Stanford International Bank Ltd v HSBC Bank Plc 2021-04-15
“…eed to do so, because the only relevant question is whether HSBC’s conduct was objectively dishonest (see Lord Nicholls in Royal Brunei Airlines Sdn Bhd v. Tan [1995] 2 AC 378 at 390D-391F (“Royal Brunei”). The dishonest assistance claim should be allowed to proceed in a developing area of law.…”
- Cited — The Racing Partnership Ltd & Ors v Sports Information Services Ltd 2020-10-09
“…nce in a breach of trust. But in order to succeed on that basis it is necessary to prove that the assistance was dishonest: Royal Brunei Airlines Sdn Bhd v Tan [1995] 2 AC 378. It is notable that in that case Lord Nicholls at 387 adverted to the close analogy with breach of contract; and said that the underlying rationale was the sam…”
- Cited — Simetra Global Assets Ltd & Anor v Ikon Finance Ltd & Ors 2019-08-09
“…Brunei Airlines Sdn Bhd v Tan [1995] 2 AC 378), the appellants’ case was that Mr Daskaleas was seeking the confirmations of the account balances from Ikon in order to mislead them. There was accordingly no…”
- Cited — Group Seven Ltd & Anor v Notable Services LLP & Anor (Rev 2) 2019-04-11
“…nesty as an essential ingredient of accessory liability for breach of trust stems from the seminal judgment of the Privy Council in Royal Brunei Airlines v Tan [1995] 2 AC 378 (“Tan”), delivered by Lord Nicholls of Birkenhead. Before then, the prevailing view was that accessory liability for breach of trust would arise only if a thir…”