Fiduciary Contract in UK Law
Leading Cases
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Commission Recovery Ltd v Marks & Clerk LLP
Breach of fiduciary duty. Representative action. Secret commission. Particulars of claim. Members of the class. Present case... ... Some may involve persons who clearly owe fiduciary duties in any event, such as trustees, directors or employees. At perhaps ... The earlier authorities also established that where a party to a contract had paid a bribe or secret commission to the agent or advisor to the other ... ...
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Recovery Partners GP Ltd v Mr Irakli Rukhadze
Breach of fiduciary duty. Separate general principle of unconscionable delay. Equitable allowance. Account of profits... ... question was of the profits the defendants had made in breach of fiduciary duties they owed to Salford Capital Partners Inc (“SCPI”) and/or the ... same date Mr Marson emailed Mr Jaffe alleging that his employment contract with Revoker had been frustrated (which was taken by Revoker as a ... ...
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BCM Cayman LP v The Commissioners for HM Revenue and Customs
Fiduciary capacity. Relevant trade for corporation tax purposes. Limited partner. Partnership deed... ... Cayman Holdings also entered into the “Financial Contract” (together with a side letter) with another counterparty, Morgan Stanley ... By clause 18.4, the general partner had “fiduciary responsibility” for the safekeeping of all the funds and assets of the ... ...
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Christopher Charles Fisher v Colin Laverock Dinwoodie
Fiduciary duties. Joint venture relationship. Constructive trust... ... This is an appeal which raises the question of whether a fiduciary relationship arose as between the appellant (Mr Fisher) and the respondent ... ) entitled, subject to the express and implied constraints of the contract, to seek to prefer his own interests, and is not obliged to put the ... ...
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Legislation
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Small Business, Enterprise and Employment Act 2015
... ... that any non-assignment of receivables term of a relevant contract— ... Any misfeasance or breach of any fiduciary duty by the director in relation to a company or overseas company ... ...
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The Insolvency (England and Wales) Rules 2016
... ... of goods or services supplied during the moratorium under a contract where, but for section 233B(3) or (4) ... relating to a liquidator's dealings with trust property, or the fiduciary obligations of any person ... ...
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Trustee Act 2000
... ... invests in a loan secured on land if he has rights under any contract under which— ... ...
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Law of Property Act 1925
... ... The benefit of any contract (in this Act referred to as an “estate contract”) to convey or create ... in whose favour the conveyance is made are, by reason of any fiduciary relationship or otherwise, precluded from validly carrying out the ... ...
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Books & Journal Articles
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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 liablein tort and contract, the contractual rules for the remoteness of loss must apply. Two ... ...
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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...... ... (FIMBRA members), claims against them for negligence, breach of contract, fiduciary and statutory duty were to an extent covered by the s.54A ... ...
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Remedying Judicial Intervention into Private Contract: A Case for Abandoning the Creditor Duty Post-BTI 2014 LLC v Sequana SA [2022] UKSC 25
This article identifies a worrisome trend in corporate law: increased judicial intervention in private corporate contracts and the invocation of moralistic conceptions of fairness and effectiveness...... ... ers and creditors—precisely, the unprincipled expansion of fiduciary duties to provide en- ... hanced protection to creditors when a company goes insolvent. This article focuses on the ... theoretical and practical ... ...
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Chapter 5: Fiduciary Duties
... ... 3 ... —so, for example, if a fiduciary is negligent or acts in breach of contract, it is the law of negligence or contract which is relevant, not the law relating to fiduciary obligations. It is only those obligations specific to a ... ...
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Law Firm Commentaries
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Trust Me – A Security Trustee’s Duties to Subordinated Creditors Examined
The recent judgment of Saltri III Ltd v MD Mezzanine S.A. Sicar & Ors1 relates to the 2010 non-consensual restructuring of the Stabilus Group. The judgment provides a helpful overview of the way fi...... ... The judgment provides a helpful overview of the way fiduciary relationships operate in a secured financing and the effect of provisions allowing duties that would otherwise arise to be departed from by contract. The Court considered: • The “purpose” of an intercreditor ... ...
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Lessons From Across The Pond
... ... a basic divide between schemes with a third party subject to a fiduciary duty looking after pension savings (in the UK a trustee in the US, a iary) and contract- based schemes. Both systems also have a divide between defined ... ...
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Joint Venture Partner Has An Obligation To Act In Good Faith
... ... under terms to be implied into the JV Agreement or pursuant to fiduciary obligations. In particular, Ross River sought to imply into the JV ... the Court said implying this would mean that potentially, where a contract required one party to pay a debt to the other and the potential debtor ... ...
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New Jurisdictional Changes Affecting Trusts Disputes Coming Into Force Tomorrow
... ... breaches of trust or fiduciary duty within the ... jurisdiction, ... trust and fiduciary duty claims ... assisting in breaches of contract, trust, fiduciary duty or ... confidentiality/privacy where the relevant ... ...
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