{'fraction_non_alphanumeric': 0.022356495468277945, 'fraction_numerical': 0.004229607250755287, 'mean_word_length': 4.613559322033899, 'pattern_counts': {'":': 0, '<': 0, '<?xml version=': 0, '>': 0, 'https://': 0, 'lorem ipsum': 0, 'www.': 0, 'xml': 0}, 'pii_count': 0, 'substrings_counts': 0, 'word_list_counts': {'cursed_substrings.json': 0, 'profanity_word_list.json': 0, 'sexual_word_list.json': 0, 'zh_pornsignals.json': 0}}
From Knowing Assistance to Dishonest Facilitation

IN recent years, the courts have often considered how someone who was not bound by a fiduciary duty, but facilitated a breach by a fiduciary of his duty, might become liable to compensate beneficiaries to whom the duty was owed for loss they suffered because of the breach. The case law that grew up was far from clear; but now, at last, the fog that surrounded this form of equitable accessory liability is lifting. Royal Brunei Airlines Sdn Bhd v. Tan [1995] 3 W.L.R. 64 was an appeal to the Privy Council from the Court of Appeal of Brunei. Borneo Leisure Travel Sdn Bhd (BLT) acted as agent for Royal Brunei and held money on trust for that airline. Tan was the controlling director and shareholder of BLT and had caused the company to apply some of that money in breach of trust. Subsequently BLT became insolvent; not surprisingly, therefore, any claim by Royal Brunei against BLT was not pursued. However, Royal Brunei claimed compensation from Tan for the loss it had suffered as a result of the breach of trust; the claim turned on Tan's wrongful involvement or participation in a breach of trust, rather than any receipt by him of misapplied trust property or its traceable proceeds. The Judicial Committee found in favour of Royal Brunei. In coming to this conclusion, the Committee held.that whether a breach of fiduciary duty was "fraudulent or dishonest", is immaterial to the liability of someone who has facilitated that breach of duty, and that his liability depends upon the dishonest facilitation of the breach. This constitutes a very welcome development and clarification of the law.