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Bank – Transaction. The respondent brought a claim against the appellant bank, alleging dishonest assistance, knowing receipt and a proprietary right to the proceeds of sale in respect of an art collection, which had been owned by her deceased father, but had been sold by her sister's friend. The proceeds could be traced to the bank through a number of transactions. The Chief Justice dismissed the claim. The Court of Appeal of Gibraltar held in favour of the respondent. The issue was whether the bank had been on constructive notice of impropriety. The Privy Council, dismissing the bank's appeal, agreed with the conclusions of the Court of Appeal for the most part that the bank had been on constructive notice of impropriety.
Bank – Transaction. The respondent brought a claim against the appellant bank, alleging dishonest assistance, knowing receipt and a proprietary right to the proceeds of sale in respect of an art collection, which had been owned by her deceased father, but had been sold by her sister's friend. The proceeds could be traced to the bank through a number of transactions. The Chief Justice dismissed the claim. The Court of Appeal of Gibraltar held in favour of the respondent. The issue was whether the bank had been on constructive notice of impropriety. The Privy Council, dismissing the bank's appeal, agreed with the conclusions of the Court of Appeal for the most part that the bank had been on constructive notice of impropriety.
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