Introductory observations

claims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory liability’ claims in that they involve pursuing a defendant who has been involved in causing loss to the claimant in an accessory or secondary role, either by dishonestly assisting another to breach their trust or fiduciary duties to the claimant or through receiving trust property in the knowledge that it comes following a breach of trust or breach of fiduciary duty—in this way the defendant’s potential liability is by way of accessory or secondary to the main event of the breach of trust or of fiduciary duty. (Note, however, Lord Burrows in Byers v Saudi National Bank considered that a personal claim in knowing receipt is significantly different to the accessory nature of a dishonest assistance claim. Byers is discussed further below).

Dishonest assistance and knowing receipt claims are often pursued in the context of some manner of fraudulent or wrongful behaviour somewhere along the line in which the defendant has become involved. Accordingly,