Fiduciary Contract in UK Law

  • 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
    • Nbr. 5-1, January 1997
    • Journal of Financial Regulation and Compliance
    • 78-80
    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 ......
  • Whither Remoteness? Wellesley Partners LLP v Withers LLP
    • Nbr. 79-4, July 2016
    • The Modern Law Review
    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 ......
  • Can mere incompetence constitute a breach of fiduciary duty?
    • Nbr. V, January 2019
    • Dundee Student Law Review
    • George Beaton
    • Graduated English LLB Student at the University of Dundee. George would like to thank the editorial board and the anonymous peer reviewer for their kind comments.
    • 1-4
    ......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 ......
  • Credit Advisers, Consumer Credit and Equitable Fiduciary Obligations
    • Nbr. 47-1, March 2019
    • Federal Law Review
    Consumers use financial intermediaries such as brokers and other credit advisers to navigate complex financial markets and to provide guidance on credit products. In 2017 ASIC reported that ‘[b]rok...
    ......dation or otherwise assisting the client in relation to a credit contract, the credit adviser must provide to ......
  • Does the Fiduciary Bell Toll?
    • Nbr. 3-2, March 1995
    • Journal of Financial Crime
    • 192-195
    The Law Commission has recently examined fiduciary relations and securities regulation. The purpose of this paper is a re‐examination of some of the questions posed in the Consultation Paper (No. 1...
    ......How might these conflicting fiduciary duties be managed? The first possible method is by implying a trade custom into a contract to modify the duties owed. A trade custom must be (i) certain, (ii) notorious, (iii) uniform and settled, (iv) considered by both parties to be ......
  • Private law and public regulation for investor protection in the asset management industry: Aims and practices of transposing the UK model in China
    • Nbr. 28-1, February 2021
    • Maastricht Journal of European and Comparative Law
    The paper discusses how asset managers are regulated in the UK in order to provide investor protection and market confidence. Fiduciary duties and the duty of care in the English common law, statut...
    ......Fiduciary dut ies and the duty of ca re in the English common law, statutorylaws, ... impose more stringent duties on financial services providers than contract law would. 15 Asset managers owe fiduciary duties to clients who entrust ......
  • THE RELATIONSHIP OF PRINCIPAL AND AGENT
    • Nbr. 17-1, January 1954
    • The Modern Law Review
    ...... has been variously described as a special kind of contract,2 a fiduciary relati~n,~ and a grant of a~thority.~ In this ......
  • ART LAW AND THE BUSINESS OF ART.
    • Vol. 26 Nbr. 1, April 2021
    • Art Antiquity & Law
    • Kadhim, Noor
    ......Moving on to the contractual framework of auctions, Wilson first explains the implied obligations ... that the author chooses to deal with implied terms and fiduciary duties before talking about the contract--usually the contract takes ......
  • Money laundering with particular reference to the banking deposit transactions. An Islamic perspective
    • Nbr. 11-3, August 2008
    • Journal of Money Laundering Control
    • 251-260
    Purpose: The purpose of this paper is to explain the theoretical framework of money laundering and expanded to study it from the Islamic perspective. As money laundering sustain truly “global issue...
    ...... Islamic law in conjunction with the discussion of Islamic law of contract; the mostcommon methods in money laundering involving numerous cash ......
  • Reservation of Title and Charges on Company Book Debts: The Death of Romalpa?
    • Nbr. 54-5, September 1991
    • The Modern Law Review
    ...... to which the purchaser is entitled as a result of the contract with the third party, in particular for payment of the ..., for if he attempts to expressly render the buyer a fiduciary, such rights will be deemed to be conferred 8 9 10 II 12 13 ......
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