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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Mark Julian O'Brien v Simon Phipps
Equal shareholders. Fiduciary duties. Loss sharing agreement. Oral evidence. Declaration of trust... ... after you” or words to that effect; but that did not make a contract, because it was not intended to, was too vague, and was unsupported by ... A ‘fiduciary relationship’ ... 37 Although by ... ...
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Legislation
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Companies Act 1948
... ... debt or obligation incurred, or any contract entered into, ... by, to, with or on behalf of the company before the ... ) any shares held or power exercisable by that other ... in a fiduciary capacity shall be treated as not held or ... exercisable by it; ... ) ... ...
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Trusts (Scotland) Act 1921
... ... existing law, be deemed to be fiduciary fiar, or of any ... person to whom the fee or any part thereof bears to be ... to be the date of the death of the granter, and the date of any contract of marriage being taken to be the date of the dissolution of the marriage) ... ...
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Land Charges Act 1925
... ... equitable charge’); and ... (iv) Any contract by an estate owner or by a person ... entitled at the date of the contract ... solicitor, trustee or other person in a ... fiduciary position, and for prescribing the fees ... to be paid for any such ... ...
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Law of Property Act 1925
... ... casement’); ... (iv) The benefit of any contract (in this Act referred ... to as an ‘estate contract’) to convey or ... trustee for sale, or other person in a fiduciary position, ... as such, any liability for payment of duty, in excess of ... ...
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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 liable in tort and contract, the contractual rules for the remoteness of loss must apply. T wo ... ...
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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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Equitable Compensation for Breach of Fiduciary Duty in Scotland: Kidd v Paull & Williamsons LLP
... ... He claimed that PW LLP were guilty of breach of contract, negligence, breach of fiduciary duty and fraudulent misrepresentation.12 ... Regarding the breach of contract and negligence claims, RGK averred ... ...
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Can mere incompetence constitute a breach of fiduciary duty?
... ... Rather, it is suggested by Mothews 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 Paragon Finance plc v D B Thakerar & Co,11a firm of mortgage lenders brought an action ... ...
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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 agreement. The ... ...
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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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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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Blog: What States Should Know About Breach Of Fiduciary Duty
Who can be sued? In England and other common law countries a civil claim for breach of "fiduciary duty" can usually be made against senior public officials involved in corruption. When doe...... ... Proprietary (ownership) claims are also potentially available to public assets sold in breach of duty ... Can the state escape a contract procured in breach of a fiduciary duty? States can often escape onerous contracts obtained by a contractor as a result of breach of fiduciary duty ... ...
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