Why dishonest assistance matters

Team work may well make the dream work, but it can also lead to directors and senior office holders becoming unwitting parties to another’s wrongdoing. In corporate governance, maintaining the integrity of fiduciary relationships is essential. Individuals can exploit their positions for personal gain. When a fiduciary or trustee breaches their duties, they may involve others to help them carry out the wrongdoing. The legal doctrine of dishonest assistance holds individuals who knowingly aid such a breach accountable – even if they did not directly commit the wrongful act themselves. Where a fraudster has acted in collaboration with others, it is important to consider pursuing claims for dishonest assistance, either alongside claims against the primary wrongdoer or independently.

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