Breach of Duty in UK Law
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The Continuing Value of Relief for Directors' Breach of Duty
The nature and scope of relief for directors in breach of their duties did not figure prominently in the Steering Group's fundamental review of company law. Little is proposed beyond removing one o...
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Neglect of Duty and Breach of Trust. Ancient offences in the modern battle against impunity in the public service
Purpose: The paper seeks to contend that first, the current law treating Neglect of Duty and Breach of Trust as a single offence is incorrect; and second, that the offences can be an important tool...
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High court rules negligence claim in relation to pension advice in relation to income draw down scheme is time barred
Purpose: The purpose of this paper is to report and comment on the High Court of Justice ruling on Shore v. Sedgwick Financial Services Ltd & Others. Design/methodology/approach: The paper outline...... ... nding the case andcomments on the ruling.Findings – The claim for breach of duty against the defendants was time barred.Originality/value – An ... ...
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Remedies for Breach of Trust
The decision of the Supreme Court in AIB Group (UK) Plc v Mark Redler & Co confirms the approach taken by Lord Browne‐Wilkinson in Target Holdings Ltd v Redferns: where a trustee misapplies trust a...... ... trustee misapplies trust assets, a beneficiary is limited to a claim for equitable compensation for losses caused by the trustee’s breach of duty. This seems to be a departure from traditional equitable doctrine, which held that the beneficiary could falsify the trustee’s unauthorised ... ...
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Preventing corporate scandals
Defines fraud as deliberate deception to obtain illicit material gain, and includes embezzlement and asset misappropriation in the definition. Assesses what constitutes auditors’ breach of duty to ...... ... corporatescandals by tackling fraud.The question remains: whose duty is it to detectfraud Ð company directors or auditors? In thisrespect the ... the various facets of®nancial fraud, what constitutes auditors' breach ofduties to their clients, responsibility for the monitor-ing and ... ...
- Can mere incompetence constitute a breach of fiduciary duty?
- Equitable Compensation for Breach of Fiduciary Duty in Scotland: Kidd v Paull & Williamsons LLP
- Education by Right? Breach of the Duty to Provide ‘Sufficient’ Schools
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Recent Developments Regarding the Misappropriation Theory in Securities Fraud Actions
On 25th June, 1997, the US Supreme Court issued an important decision in which it endorsed an expanded theory of insider trading liability under the federal securities laws. In United States v O'Ha...... ... confidential informa-tion for securities trading purposes, in breach of a duty owed to the source of the information, may be found liable for ... ...
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Gross Negligence Manslaughter, Restaurant Owners and the Duty of Care
... ... R v Zaman [2017] EWCA Crim 1783 ... Keywords Homicide, gross negligence manslaughter, food allergy, duty of care, breach of duty, causation ... Mohammed Zaman (Z) was a ‘highly experienced restaurateur’. He ran the Indian Garden restaurant in ... ...
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