“…s one for knowing receipt of trust property, but the attempt failed and the proceedings were dismissed on limitation grounds: see Akers v Samba Financial Group [2019] EWCA Civ 416, [2019] 4 WLR 54. In the meantime, though, on 31 May 2017, the claimants had issued new proceedings, again alleging knowing receipt, and it was that claim whic…”
“…The only other authority dealing with the “same or substantially the same facts” to which we were taken was Akers & others v Samba Financial Group[2019] EWCA Civ 416; [2019] 4WLR 54. That was an unusual case, in that the Supreme Court had decided that the claim as originally formulated was bound to fail and they remitted th…”
“… by counsel is set out and at [47] where it is accepted by Brooke LJ. That is part of the ratio and hence binding on us: see also Akers v Samba Financial Group [2019] EWCA Civ 416 at [24] where McCombe LJ accepted that CPR r 17.4(2) falls to be read in that way.…”