Fiduciary in UK Law

  • Barclays Bank Plc v O'Brien
    • House of Lords
    • 21 Octubre 1993
    ... ... Campbell, as executor of the will, was in a fiduciary capacity vis-a-vis his beneficiary, Mrs. Duval, and his employers could not uphold the security document unless they could show that Mrs. Duval was ... ...
  • Lloyd's Bank Ltd v Bundy
    • Court of Appeal (Civil Division)
    • 30 Julio 1974
    ... ... Bundy that entailed a duty on their part of what can for convenience be called fiduciary care, (The phrase "fiduciary care" is used to avoid confusion with the common law duty of care -a different field of our jurisprudence.) ... ...
  • Bristol and West Building Society v Mothew
    • Court of Appeal (Civil Division)
    • 24 Julio 1996
    ... ... of damage might not enable them to recover the whole amount of their loss they have turned to equity and alleged breach of trust or fiduciary duty. We have thus been concerned to decide just what is involved in these concepts ... 4 THE FACTS ... 5 The facts are not in ... ...
  • Bristol and West Building Society v Mothew
    • Court of Appeal (Civil Division)
    • 24 Julio 1996
    ... ... of damage might not enable them to recover the whole amount of their loss they have turned to equity and alleged breach of trust or fiduciary duty. We have thus been concerned to decide just what is involved in these concepts ... 4 THE FACTS ... 5 The facts are not in ... ...
  • McPhail v Doulton, sub nom Re Baden's Deed Trusts (No 1)
    • House of Lords
    • 06 Mayo 1970
    ... ... It does, however, show that where powers of a fiduciary character, as opposed to being mere powers not coupled with a duty, are concerned the Court's position differs in no way from that which it occupies ... ...
  • Gwembe Valley Development Company Ltd v Koshy and Another
    • Court of Appeal (Civil Division)
    • 28 Julio 2003
    ... ... The no profit rule 44–46 ... GVDC's Articles of Association 47–54 ... Implied modification of fiduciary duty 55–56 ... Sufficiency of disclosure 57 ... Disclosure under the Articles 58–63 ... Disclosure under the general law 64–68 ... ...
  • Bishopsgate Investment Management Ltd v Maxwell; Cooper v Maxwell; Mirror Group Newspapers Plc v Maxwell
    • Court of Appeal (Civil Division)
    • 11 Febrero 1993
    ... ... law the privilege against self-incrimination is not available to a defendant if, immediately before the material time, the defendant was a fiduciary, servant or agent of the plaintiffs in the action and the plaintiffs are by the action seeking to recover from the defendant monies or property of ... ...
  • Bhullar v Bhullar
    • Court of Appeal (Civil Division)
    • 31 Marzo 2003
    ... ... The petition also seeks authority for Mohan's family to bring proceedings in the name of the Company against the appellants for breach of fiduciary duty ... 4 In the result, following a lengthy hearing, the judge declined to grant the primary relief sought by Mohan's family. He did, ... ...
  • Murad and Another v Al-Saraj and Another
    • Court of Appeal (Civil Division)
    • 29 Julio 2005
    ... ... The judge further held that there was a fiduciary relationship between the Murads and Mr Al-Saraj in relation to the joint venture to acquire the hotel. He held that: "The relationship between [the ... ...
  • Novoship (UK) Ltd v Nikitin
    • Court of Appeal (Civil Division)
    • 04 Julio 2014
    ... ... Mr Mikhaylyuk owed fiduciary duties both to NOUK and to the relevant ship-owning companies ... 4 While he held the position of Manager, Mr Mikhaylyuk acted in a corrupt ... ...
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