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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Conveyancing Act 1882
......or other persons in a fiduciary position, those persons also shall not. be so answerable. . (10) . (10.) ...contract for or relating to the lease shall not, for the. purpose of the deduction ......
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Prescription and Limitation (Scotland) Act 1973
......law or from, or by reason of any breach of, a contract or promise). to make reparation for loss, injury or damage caused by an ... . ‘trustee’ includes any person holding property in a. fiduciary capacity for another and, without prejudice. to that generality, includes ......
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Insurance Companies Act 1982
......of a contract whose principal object is within one class of insurance. business, but ...concerned only in a fiduciary capacity) be treated as held by. that person, and share capital held by a ......
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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......... (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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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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Equitable Compensation for Breach of Fiduciary Duty in Scotland: Kidd v Paull & Williamsons LLP
......It will be argued that the court seems to have conflated the “no-conflict” fiduciary duty with the contractual duty of disclosure of conflicts of interest and advice that existed between parties. B. THE FACTS. Robert Gordon Kidd (“RGK”) was the sole ......
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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 against ......
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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......... can click where indicated to access more detailed analysis.Contractual provisions A number of cases have looked at common contractual provisions ...The High Court decided that the parties did not owe each other fiduciary duties. It would be exceptional for fiduciary duties to arise other than ......
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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 freedom of contract operate up . to the point when a contract is made, beyond that stage they ...K. Whilst accepting that fiduciary duties could in principle . arise between parties to a joint venture, the ......
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