Fiduciary Contract in UK Law

  • Commission Recovery Ltd v Marks & Clerk LLP
    • Queen's Bench Division (Commercial Court)
    • 24 February 2023
    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 ... ...
  • Recovery Partners GP Ltd v Mr Irakli Rukhadze
    • Court of Appeal (Civil Division)
    • 21 March 2023
    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 ... ...
  • BCM Cayman LP v The Commissioners for HM Revenue and Customs
    • Court of Appeal (Civil Division)
    • 12 October 2023
    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 ... ...
  • Mark Julian O'Brien v Simon Phipps
    • Chancery Division
    • 15 May 2023
    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 ... ...
  • Christopher Charles Fisher v Colin Laverock Dinwoodie
    • Chancery Division
    • 26 May 2023
    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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