Williams v Central Bank of Nigeria [2014] UKSC 10
Supreme Court, Lord Neuberger P, Lord Mance, Lord Clarke, Lord Sumption and Lord Hughes SCJJ, 19 February 2014
A stranger to a trust who is liable to account on the grounds of dishonest assistance in a breach of trust or knowing receipt of trust assets is not a trustee for the purposes of s 21(1)(a) of the Limitation Act 1980 (LA 1980), nor does an action “in respect of” any fraud or fraudulent breach of trust to which the trustee was a party or privy include, for the purposes of the sub-section, an action against a party which is not itself a trustee.
Guy Philipps QC & Edward Levey (instructed by Berwin Leighton Paisner LLP) for the bank. Jonathan Adkin QC (instructed by Alfred James & Co Solicitors LLP) for W.
The claimant claimed to be the victim of a fraud instigated by the Nigerian State Security Services in 1986. He alleged that he had been induced to serve as a guarantor of a bogus transaction
