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Knowing Receipt, Equitable Proprietary Rights, and Duties of Due Administration

Lusina Ho & Charles Mitchell

The Modern Law Review2026https://doi.org/10.1111/1468-2230.70025article
ABDC A*
Weight
0.50

Abstract

In Byers v Saudi National Bank (2023) the Supreme Court held that a claimant in knowing receipt must have had a ‘continuing equitable proprietary interest’ in the property received by the defendant. Such an interest is commonly understood to include a right to benefit from the property, yet successful claims in knowing receipt have often been made by claimants without such a right. We therefore propose a different interpretation of all the knowing receipt cases: that a claimant must have had standing to enforce equitable duties of due administration against the person from whom the defendant directly or indirectly received the property, which duties were breached when this person transferred the property to the defendant or an intermediate party. Knowing recipients are liable to return the property if they still have it and to compensate claimants for loss. Each liability is justified when the policy of upholding duties of due administration outweighs the policy of protecting a transferee's interest in security of title.

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https://doi.org/https://doi.org/10.1111/1468-2230.70025

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@article{lusina2026,
  title        = {{Knowing Receipt, Equitable Proprietary Rights, and Duties of Due Administration}},
  author       = {Lusina Ho & Charles Mitchell},
  journal      = {The Modern Law Review},
  year         = {2026},
  doi          = {https://doi.org/https://doi.org/10.1111/1468-2230.70025},
}

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Knowing Receipt, Equitable Proprietary Rights, and Duties of Due Administration

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Evidence weight

0.50

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.50 × 0.4 = 0.20
M · momentum0.50 × 0.15 = 0.07
V · venue signal0.50 × 0.05 = 0.03
R · text relevance †0.50 × 0.4 = 0.20

† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.