- High bar to discharge burden of proof in dishonest assistance claim (Autogas (Europe) Ltd v Ochocki)
- What are the practical implications of the case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: This case considered the legal test and evidential burden required to succeed with a claim for dishonest assistance in relation to a breach of duty by a fiduciary. The case reiterated that the assistance must be more than minimal, must enable the breach to be committed and must be dishonest. It also re-affirmed that the test for dishonesty involves assessing a party’s state of mind and considering whether that state of mind was dishonest as against the standards of ordinary people. The court decided that while the claimant’s arguments were not without force, they had not discharged the burden of proving that the defendants were dishonest. Written by Tracey Spence, professional support lawyer at Eversheds Sutherland (International) LLP.
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