While at common law there will always be a restitutionary personal action against the recipient of the claimant’s property, this is not the case in equity. There will be no personal action against an innocent volunteer who dissipated trust property before he was aware that it was such (Re Montagu’s Settlement [1987] 1Ch 264; Independent Trustee Services Ltd v GP Noble Trustees Ltd [2012] EWCA Civ 195 at [76], [84]). A personal action will only arise against a recipient whose knowledge of the provenance of the property would make it unconscionable for him not to return it but deal with it as his own. Bank of Credit and Commerce International v Akindele [2001] Ch 437