- Cited — Mark Byers v The Saudi National Bank 2022-01-27
“…the transferee a defence to any claim by the beneficiary, whether proprietary or simply restitutionary: Macmillan Inc v Bishopsgate Investment Trust plc (No 3) [1996] 1 WLR 387. In that case, bona fide chargees for value of shares situated in New York and held on trust for Macmillan were thus able, by application of New York law, to t…”
- Cited — Mark Byers v The Saudi National Bank 2022-01-27
“…agraph 28, Lord Mance noted that in Lightning Peter Gibson LJ had “recognised that the lex situs can, under the principle recognised in Macmillan v Bishopsgate [1996] 1 WLR 387, have a significance in the case of a third party transfer”; in paragraph 34, Lord Mance said that it is “clear … , that in the eyes of English law, a trust ma…”
- Cited — Roberts v The Soldiers, Sailors, Airmen And Families Association - Forces Help & Anor (Rev 1) 2020-07-17
“…in accordance with the principles of conflict of laws of the forum : Cox per Lord Mance at [46] citing Macmillan Inc v. Bishopsgate Investment Trust plc (No.3) [1996] 1 WLR 387 per Auld LJ at 407C; and Raiffeisen Zentralbank Osterreich AG v. Five Star Trading LLC [2001] QB 825 per Mance LJ at [25-27].…”
- Applied — Ukraine v The Law Debenture Trust Corporation Plc (Rev 1) 2018-09-14
“…By applying the principles discussed by this court in Macmillan Inc v Bishopsgate Investment Trust plc [1996] 1 WLR 387 and Raiffeisen Zentralbank Osterreich AG v Five Star Trading LLC [2001] EWCA Civ 68; [2001] QB 825, Ukrainian law can be identified as the most appropriate sys…”