- Cited — Hotel Portfolio II UK Limited (In Liquidation) & Anor v Andrew Joseph Ruhan & Anor 2023-10-04
“…The Court of Appeal took a similar view in Novoship (UK) Ltd v Mikhaylyuk [2014] EWCA Civ 908, [2015] QB 499 (“Novoship”). Longmore LJ, giving the judgment of the Court of Appeal, said that “[t]he nature of the liability … is that the … dishonest assistant has, in pri…”
- Cited — Kenneth Davies v Stephen Ford & Ors. 2023-02-17
“…The Judge also referred to the later decision of this court in Novoship (UK) Limited v Mikhaylyuk [2014] EWHC Civ 908, [2015] QB 499, where the court (comprising Longmore, Moore-Bick and Lewison LJJ) said at [107]:…”
- Cited — Mark Byers v The Saudi National Bank 2022-01-27
“…”. A defendant must have receivedtrust assets, not just benefited from them. As the Court of Appeal said in Novoship (UK) Ltd v Mikhaylyuk [2014] EWCA Civ 908, [2015] QB 499, at paragraph 89, “receipt of trust property is the gist of the action”. See too e.g. Satnam Investments Ltd v Dunlop Heywood & Co Ltd [1999] 3 All ER 652, at …”
- Cited — Watson v KEA Investments Ltd 2019-10-23
“…ng specifically with “knowing receipt” constructive trusteeship). That liability is the same as that of an express trustee: see Novoship (UK) Ltd. v Mikhailyuk [2015] QB 499 at paragraphs 67-83 and El-Ajou v Dollar Land Holdings PLC [1995] 2 All ER 213, cited in Lewin Op. Cit. 42-097 fn 332. The important point is that although the…”
- Applied — Group Seven Ltd & Anor v Notable Services LLP & Anor (Rev 2) 2019-04-11
“…that the assistance be a direct cause of the breach and the loss. In oral argument, Mr Casey referred to dicta of Longmore LJ in Novoship (UK) Ltd v Mikhaylyuk [2015] QB 499 at [107-8] to the effect that there is no reason why common law rules of causation, remoteness and measure of damage should not apply to a claim based on equit…”