Equity and successionTrust - defendant domiciled in Spain - alleged act of knowing assistance in England - English court having jurisdictionCasio Computer Co Ltd v Sayo and Others: ChD (Anthony Mann QC sitting as a deputy High Court judge): 20 December 2000The claimant alleged that the sixth defendant had been in breach of a constructive trust in the way he handled money which the claimant alleged that the first, second and third defendants had misappropriated.

The sixth defendant was domiciled in Spain and made an application to the court for a declaration that under art.2 of the Brussels Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters, (O.J.

1998 C27/1), that he should be sued in Spain if at all.

The claimant argued that the English court had jurisdiction by virtue of art.5(3) of the Brussels Convention.Richard Spearman QC (instructed by Taylor Joynson Garrett) for the claimant; Brian Doctor QC and Michael Green (instructed by Morgan, Lewis & Bockius) for the sixth defendant.Held, finding for the claimant, that the acts that the claimant alleged the sixth defendant had carried out could be classed as knowing assistance; that an act of knowing assistance was, in principle, capable of being an event causing harm for the purposes of art.5(3); that the only factual connection between the sixth defendant and England was a bank account, allegedly belonging to the sixth defendant's company, through which the monies had passed; that the act of assistance was the use by the sixth defendant through his company of the bank account, and since that was in England it gave the English courts jurisdiction to hear the matter.