Dishonest Assistance in Singapore and Malaysia since Barlow Clowes

What is it about?

Sometimes trustees and other fiduciaries get assistance from others in their abuse of position. These assistants can be held liable for "dishonest assistance." But what is "dishonesty" in this context? This article attempts to clarify the rather confusing elements that make up dishonest assistance, and then it examines whether recent Singaporean and Malaysian cases have properly applied the test.

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Why is it important?

This article is useful because it clearly explains the applicable standards for dishonest assistance in English law (which is applicable in Singapore and Malaysia with certain exceptions). It also examines whether dishonest assistance should be considered "active" and knowing receipt (another type of third party liability) is "passive".