Fiduciary Contract in UK Law
Legislation
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Companies Act 1948
......the company contracted before he ceases to be a member,. and of the costs, charges and expenses ...) any shares held or power exercisable by that other. in a fiduciary capacity shall be treated as not held or. exercisable by it;. . . ( b ......
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Trustee Act 1925
......purchaser is, in the absence of a special contract, entitled. to require, if in the opinion of the court the title accepted. ... any such other share, either in his or their own right or in a fiduciary capacity. S-25 . Power to delegate trusts during absence abroad. 25 ......
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Companies Act 2006
...... . (a) payment of the debts and liabilities of the company contracted before he ceases to be a member,. . . (b) payment of the costs, charges ...)) are, accordingly, enforceable in the same way as any other fiduciary duty owed to a company by its directors. S-179 . Cases within more than ......
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Corporation Tax Act 2009
...... . . (d) Part 7 (profits arising from derivative contracts),. . . (e) Part 8 (gains in respect of intangible fixed assets),. . . ... (1) does not apply to income accruing to a company in a fiduciary or representative capacity. S-4 . Exclusion of charge to capital gains ......
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Books & Journal Articles
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Assignment of individual investors' claims to the Investors Compensation Scheme declared invalid (1) Investors Compensation Scheme Ltd v West Bromwich Building Society; (2) Same v Hopkin & Sons; (3) Alford & Ors v West Bromwich Building Society; (4) Armitage v West Bromwich Building Society
This case concerned the validity of assignments to the Investors Compensation Scheme (ICS) of the claims of various individual investors which arose out of the widespread mis‐selling of home income.........) , claim s agains t the m fo r negligence , breac h o f contract , fiduciary an d statutor y dut y wer e t o a n exten t covere d ......
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Whither Remoteness? Wellesley Partners LLP v Withers LLP
In Wellesley v Withers, the Court of Appeal held that where a defendant is concurrently liable in tort and contract, the contractual rules for the remoteness of loss must apply. Two principal reaso......... held that where a defendant is concurrently liable in tort and contract, the contractual rules for the remoteness of loss must apply. T wo ......
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Can mere incompetence constitute a breach of fiduciary duty?
......Rather, it is suggested by Mothew s that such incompetence may be covered under the law of tort, the law of contract, or under the general duty of care. In the case of Par agon Finance plc v D B Thakerar & Co, 11 a firm of mortgage lenders brought an action ......
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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......... W e hav e a syste m o f self-regulatio n backe d u p b y statutor y rules , whic h bin d mostl y b y contract . Doc s suc h a contrac t derogat e fro m th e genera l law ? I n a s fa r a s th e rule s affec t partie s t o th e contract , ......
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Law Firm Commentaries
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Do employees need to disclose intention to compete?
All employment contracts have an implied term ensuring that employees will serve their employer with good faith and fidelity. This implied term covers numerous things, including prohibiting employe....... . All employment contracts have an implied term ensuring that employees will serve their employer ... had the employees been more senior and owed the company fiduciary duties, as such fiduciary duties would require the employees to disclose ......
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Dismissal for Sharing Confidential Information Was Unfair
In Stimpson v Citibank N.A. ET/3200437/15, Mr Stimpson brought claims for unfair and wrongful dismissal after being dismissed without notice by Citibank N.A. (Citi) for an alleged breach of Citi’s ......... therefore found not to be in repudiatory breach of his employment contract although he was found to have contributed to his own dismissal. This ......
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2020 Summer review M&A legal and market developments
We set out below a number of interesting English court decisions and market developments which have taken place and their impact on M&A transactions. This review looks at these developments and.........Contractual provisions A number of cases have looked at common contractual p r ...It would be exceptional for fiduciary duties to arise other than in cer tain settled categories of ......
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2018 Summer review - M&A legal and market developments
We set out in the attached 2018 Summer Review Newsletter a number of interesting English and Scottish court decisions and market developments which have taken place and their impact on M&A tran......... Whilst party autonomy and freed om of contract operate up to the point when a contract is made, beyond that stag e they ... to a joint venture, the cour t decided S had not owed K fiduciary duties in this cas e. Theirrelationship was a purely commercial one ......
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