Royal Brunei Airlines Sdn Bhd v Tan

E655798

Royal Brunei Airlines Sdn Bhd v Tan is a leading UK Privy Council decision in trust and equity law that clarified the test for accessory liability for dishonest assistance in breach of trust.

All labels observed (1)

Label Occurrences
Royal Brunei Airlines Sdn Bhd v Tan canonical 3

How this entity was disambiguated

Statements (34)

Predicate Object
instanceOf Privy Council case ⓘ
judicial decision ⓘ
areaOfLaw accessory liability ⓘ
dishonest assistance ⓘ
equity ⓘ
trust law ⓘ
citationJurisdiction Brunei Darussalam ⓘ
countryOfCourt United Kingdom ⓘ
court Judicial Committee of the Privy Council ⓘ
holding Tan was liable for dishonest assistance in breach of trust ⓘ
importance leading authority on dishonest assistance in equity ⓘ
seminal case on accessory liability for breach of trust ⓘ
influenced Barlow Clowes International Ltd v Eurotrust International Ltd ⓘ
Twinsectra Ltd v Yardley ⓘ
subsequent UK and Commonwealth case law on dishonest assistance ⓘ
jurisdiction United Kingdom ⓘ
lawReportCitation [1995] 3 All ER 97 ⓘ
lawReportCitation [1995] 3 WLR 64 ⓘ
leadingJudge Lord Nicholls of Birkenhead ⓘ
legalPrinciple clarified that negligence alone is insufficient for dishonest assistance ⓘ
confirmed that accessory liability is personal, not proprietary ⓘ
defined dishonesty by reference to objective standards of ordinary decent people ⓘ
emphasised that honesty is to be judged in light of all the circumstances known to the defendant ⓘ
established that liability for dishonest assistance is based on the dishonesty of the accessory ⓘ
held that the trustee’s state of mind is not determinative for accessory liability ⓘ
rejected a requirement of knowledge categories for dishonest assistance ⓘ
neutralCitation [1995] 2 AC 378 ⓘ
overruledOrQualified earlier approaches relying on Baden categories of knowledge ⓘ
panelMember Lord Nicholls of Birkenhead ⓘ
other Law Lords ⓘ
party Royal Brunei Airlines Sdn Bhd ⓘ
Tan ⓘ
subjectMatter breach of trust by a travel agent handling airline ticket monies ⓘ
yearDecided 1995 ⓘ

How these facts were elicited

Referenced by (3)

Full triples — surface form annotated when it differs from this entity's canonical label.

Lord Hoffmann → notableWork → Royal Brunei Airlines Sdn Bhd v Tan ⓘ
Lord Nicholls of Birkenhead → notableWork → Royal Brunei Airlines Sdn Bhd v Tan ⓘ