Zealot Kenneth Tsui and Wang Tat Max Lam on Knowing receipt, characterisation, and proper law: a persistent duty and the cloak of invisibility (Trusts & Trustees)

"Knowing receipt, characterisation, and proper law: a persistent duty and the cloak of invisibility"
Zealot Kenneth Tsui (PCLL student), Wang Tat Max Lam (PCLL Graduate 2023)
Trusts & Trustees
Published online: February 2025

Abstract: The categorisation of knowing receipt remains uncertain in both domestic and private international law contexts, despite efforts by judges and scholars to clarify it. This article argues that knowing receipt is viewed as a breach of a continuing restorative and custodial duty owed to the beneficiary. It explains how these duties arise and outlines their content. Under this view, the traditional proprietary and fault-based perspectives on knowing receipt can be reconciled while establishing an equitable nexus for the claim. Additionally, this article suggests that this perspective aligns with the sui generis characterisation in private international law, preventing circumvention of liability.