Fiduciary in UK Law
In this Topic
Leading Cases
-
Bristol and West Building Society v Mothew
“
A fiduciary is someone who has undertaken to act for or on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence. The distinguishing obligation of a fiduciary is the obligation of loyalty.
A fiduciary who acts for two principals with potentially conflicting interests without the informed consent of both is in breach of the obligation of undivided loyalty; he puts himself in a position where his duty to one principal may conflict with his duty to the other: see Clark Boyce v Mouat [1994] 1 AC 428 and the cases there cited. This is sometimes described as "the double employment rule". Breach of the rule automatically constitutes a breach of fiduciary duty.
-
Bristol and West Building Society v Mothew
“
See all results
Legislation
Books & Journal Articles
-
Does the Fiduciary Bell Toll?
The Law Commission has recently examined fiduciary relations and securities regulation. The purpose of this paper is a re‐examination of some of the questions posed in the Consultation Paper (No. 1...
-
Credit Advisers, Consumer Credit and Equitable Fiduciary Obligations
Consumers use financial intermediaries such as brokers and other credit advisers to navigate complex financial markets and to provide guidance on credit products. In 2017 ASIC reported that ‘[b]rok...
- How fiduciary duty law incentivises investors to manage sustainability risks
-
Fiduciary Duty under the Microscope: Stewardship and the Spectrum of Pension Fund Engagement
UK pension fund trustees’ interpretations of their fiduciary duties may shape pension fund approaches to corporate stewardship and engagement envisioned by the UK Stewardship Code. Data from interv...
See all results
Law Firm Commentaries
-
UK Investment Consultants and Fiduciary Management Services Under Investigation
The UK competition regulator, the Competition and Markets Authority (CMA), will be conducting in-depth investigations of investment consultancy and fiduciary management services after the Financial...
-
Fiduciary or Contractual? Experts' Duties and Conflicting Interests
In the case of (1) Secretariat Consulting Pte Ltd, (2) Secretariat International UK Ltd, (3) Secretariat Advisors LLC v A Company [2021] EWCA Civ 6, the Court of Appeal upheld the decision of the T...
- Decision On Fiduciary Duties
- Fiduciary Management: Improvement Through Competition?
See all results