Fiduciary Contract in UK Law

  • Do employees need to disclose intention to compete?
    • JD Supra United Kingdom
    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 ......
  • Dismissal for Sharing Confidential Information Was Unfair
    • JD Supra United Kingdom
    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 ......
  • 2020 Summer review M&A legal and market developments
    • JD Supra United Kingdom
    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 ......
  • 2018 Summer review - M&A legal and market developments
    • JD Supra United Kingdom
    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 ......
  • 2017 Summer review: M&A legal and market developments
    • JD Supra United Kingdom
    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...
    ......important further guidance on construction of contracts. The Court of Appeal had previously decided that the indemnity . in the ......
  • 2019 Half-year in review: M&A legal and market developments
    • JD Supra United Kingdom
    We set out in the attached Newsletter a number of interesting English court decisions and market developments which have taken place in the second half of 2019 and their impact on M&A transacti...
    ...... legal and marke tdev elopments January 2020 Rectification of contracts for common mistake The Court of Appe al decided that the written terms of ...There was no need for a fiduciary" rel ationship, the SPA could work effectively without it and the p arties\xE2"......
  • 2018 Half-year in review: M&A legal and market developments
    • JD Supra United Kingdom
    We set out in the attached Newsletter a number of interesting English court decisions and market developments which have taken place in the second half of 2018 and their impact on M&A transacti...
    ......for the purposes of a contractual requirement in the SHA . for the price to be that proposed by a “bona ...proceeds repayable and dishonest assistance to . breach of fiduciary duty. A former director-shareholder of company C, who had set up . a ......
  • Performance benchmarks, stop loss protection and breach of mandate
    • JD Supra United Kingdom
    Rocker v. Full Circle Asset Management Ltd [2017] EWHC 2999 (QB) - In this interesting and detailed judgment, Mr Justice Morris (the Judge) considered the claims of Mr Rocker, a successf...
    ...... against Full Circle Asset Management Limited (FCAM) for breach of contract, breach of statutory duty and negligence. FCAM provided discretionary fund ......
  • 2016 half-year in review: M&A legal developments
    • JD Supra United Kingdom
    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...
    ......access more detailed analysis. Contractual provisions. A number of cases have looked at common contractual provisions ......
  • Trust Me – A Security Trustee’s Duties to Subordinated Creditors Examined
    • JD Supra United Kingdom
    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 wa...
    ...... for mezzanine creditors of including express and robust contractual protections when negotiating intercreditor agreements and provides a ...The judgment provides a helpful overview of the way fiduciary relationships operate in a secured financing and the effect of provisions ......
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