Fiduciary Contract in UK Law
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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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Bates v Post Office Ltd (No 3) [2019] EWHC 606 (QB)
... ... , Fraser J considered what characteristics might signify that a contract is relational ... Having explained that the circumstances of the ... in one another, but of a different kind to that involved in fiduciary relationships; The contract in question will involve a high degree of ... ...
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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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No Fiduciary Duty Owed By Employee - Ranson v Customer Systems Plc
... ... These two facts gave rise to a High Court claim based on breach of fiduciary duty which the company argued was implied into his contract of employment ... The question was whether fiduciary duties – usually found in directors' contracts – can apply to employees. The High Court ... ...
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Andrew Brown v Innovatorone Plc - 'The Innovator Litigation'
... ... CB were alleged to have acted in breach of trust, contract and fiduciary duty, to have been negligent and dishonestly assisted by ... ...
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Reforming The Law On Trustees Investment Duties - Time For Action?
... ... , suggested the Law Commission should review the concept of "fiduciary duty" in relation to investment matters. This was, as Professor Kay put ... are the legal duties/regulation of investment in the context of contract (non-trust) based defined contribution arrangements. Contract based DC ... ...
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Secret Commission
... ... In August 2013, he sued her for fraud, breach of fiduciary duty, breach of contract, restitution and unjust enrichment due to Jacobs' ... ...
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