Paragon Finance Plc v DB Thakerar & Co (A Firm) (1999)

  title={Paragon Finance Plc v DB Thakerar \& Co (A Firm) (1999)},
  author={C. Daly and C. Mitchell},
  journal={LSN: Rights \& Remedies (Private Law - Contracts) (Topic)},
  • C. Daly, C. Mitchell
  • Published 2012
  • Computer Science
  • LSN: Rights & Remedies (Private Law - Contracts) (Topic)
Discusses Millett LJ's 1999 judgment on the limitation rules governing claims for breach of constructive trust in Paragon Finance plc v DB Thakerar & Co. 
7 Citations
The commercialisation of equity
This paper analyses the jurisprudence on the relevance of the commercial context to principles of the law of equity and trusts. We criticise recent UK Supreme Court decisions in the area (chieflyExpand
Constructive Trusts and Discretion in Australia: Taking Stock
In Australia, it is often thought that the decision whether to impose a constructive trust invariably attracts the exercise of remedial discretion. This paper argues that, in reality, the exercise ofExpand
Companies' directors in Iraqi law and their divided loyalty :lessons drawn from English law
The focus of this thesis is on the problematic aspects of directors’ loyalty to their companies under Iraqi law. This issue belongs to one of the most complex areas of company law, because it relatesExpand
'Unconscionability' and the Case Against Lumping: Three Case Studies
This paper argues that unconscionability provides no good basis for arguments in favour of lumping equitable doctrines in English law. It explores three areas of equity where unconscionability hasExpand
Unjust Enrichment, Proprietary Subrogation and Unsatisfactory Explanations
While contractual subrogation is understood as a function of agreement or common intention between the relevant parties to assign rights, justifying non-contractual subrogation has proved moreExpand
  • Y. Liew
  • Political Science
  • The Cambridge Law Journal
  • 2016
Abstract It is often said that English law does not impose “remedial” constructive trusts because it is manifestly inappropriate and fundamentally unjustified to impose trusts through the exercise ofExpand
Discoverability Principles and the Law's Mistakes
This article makes three novel contributions to English private law jurisprudence. First, it identifies unifying principles within the limitation doctrine of discoverability that can aid theExpand


Formalities for Trusts of Land, and the Doctrine in Rochefoucauld v. Boustead
In 1677 the Statute of Frauds1 introduced2 formalities for the creation of trusts of land. Section 7 required that, … all declarations or creations of trusts or confidences of any lands, tenements orExpand
Reliance-Based Constructive Trusts
  • Constructive and Resulting Trusts
  • 2010
Remedies for Dishonest Assistance' (2004) 67 MLR 16; P Ridge 'Justifying the Remedies for Dishonest Assistance' (2008) 124 LQR 445; C Mitchell and S Watterson 'Remedies for Knowing Receipt
  • Constructive and Resulting Trusts
  • 2010
See too JD Wetherspoon plc v Van de Berg & Co Ltd
  • Sinclair Investment Holdings SA v Versailles Trade Finance Ltd
  • 2007
Halton International Inc v Guernroy Ltd
  • EWCA Civ
  • 2006
Re Farepak Food and Gifts Ltd
  • EWHC
  • 2006
Book Review' (2002) 2 OUCLJ 291, 295; Lord Millett 'Proprietary Restitution
  • Equity in Commercial Law
  • 2005
Nabb Brothers Ltd v Lloyds Bank International (Guernsey) Ltd
  • EWHC
  • 2005
A different view was taken in Daraydan Holdings Ltd v Solland International Ltd
  • EWCA Civ
  • 2004
Constructive Trusts Arising on a Receipt of Property Sub Conditione
  • 2004