...Civil liability of lenders Criminal liability of lenders Breach of confidentiality Dishonest assistance Knowing receipt Money and inter-state obligations Claims 8.01 As indicated previously, unless a lender is an express (or constructive) trustee of funds, it will not, normally...

...Dishonest assistance Knowing receipt Criminal liability of lenders Breach of statutory duty Money laundering Claims 9.01 Under Scots law, in the ordinary course of things, a customer’s bank (current) account will, normally, be the subject of payments in and payments out, which...

... rights in Equity mainly take the form of the claim for knowing receipt, and this is a claim that requires proof of fault. Finally, the chapter considers the reasons for the differences between the Common Law and equitable claims. personal claims and remedies proprietary restitutionary claims...

... (here the executor). So why here? Infamously, the ‘exhaustion’ precondition is ‘not easy to square’ with the orthodox analysis. ¹⁵⁵ It is an ‘unusual feature … difficult to defend’. ¹⁵⁶ No similar requirement exists on the purported trust law analogue, ‘knowing receipt...