ABSTRACT
Originally, this head of liability was known as ‘knowing assistance in a dishonest and fraudulent design’ (derived from Lord Selborne’s judgment in Barnes v Addy (1874) LR 9 Ch App 244, p 285 above), but following the decision of the Privy Council in Royal Brunei Airlines v Tan [1995] 3 WLR 64 (see p 306 below), the leading authority on the subject, the expression ‘accessory liability’ was adopted. The alternative expression, ‘dishonest assistance’, is equally appropriate, but the original title, as stated by Lord Selborne in Barnes v Addy, is now viewed as misleading.
