Independent Trustee Services Ltd v Morris – WLR Daily

Independent Trustee Services Ltd v Morris: [2012] EWCA Civ 195;  [2012] WLR (D)  55

“The defence of bona fide purchaser for value without notice, at the time of receipt of moneys, to a tracing claim by a trustee for the recovery of misappropriated trust moneys was not available to the recipient thereof where a consent order made in ancillary relief proceedings pursuant to which the moneys had been paid had been rescinded, on the recipient’s application to renew the ancillary relief application because of non-disclosure of assets, by the time the defence was raised.”

WLR Daily, 28th February 2012