Breach of Fiduciary Duty in UK Law
- Can mere incompetence constitute a breach of fiduciary duty?
- Equitable Compensation for Breach of Fiduciary Duty in Scotland: Kidd v Paull & Williamsons LLP
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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...... ... -tion for securities trading purposes, in breach of a duty owed to the source of the information, ... the government to show a breach of fiduciary duty. The case concerned the liability of James ... ...
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Shareholder empowerment, steps forward and steps back. Comparative analysis of the US and UK regulations
Purpose: The global financial crisis of 2007-2008 prompted a significant debate on corporate governance and shareholder empowerment. A question arises as to whether shareholders ought to be further...... ... byshareholders on the grounds of a breach of fiduciary duty.Findings –This paper ... Anabtawi, I. and Stout, L. (2008), “Fiduciary duties for active shareholders”,Cornell Law ... ...
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Criminal Misconduct in a Public Office
Public officials are subject to a wider range of duties than private employees. In both cases, certain acts, such as stealing from their employer, will be criminal. But much misconduct by employees...... ... be private law remedies, for example for breach of fiduciary duties or the duty of fidelity ... ...
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The Fair-Dealing Fiduciary Rule: A Comment on Barr v Cassels
... ... a transaction between a solicitor and client triggers liability for breach of fiduciary duty and the equitable remedy of reduction. In a rather ... ...
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BODY AND SOUL: FIDUCIARY DUTIES AND THE ART AGENT: THE APPEAL IN THE DE PURY LITIGATION: ACLBDD Holdings Ltd v. Staechelin & Others.
... ... That duty should not cause an agent any problem. All he or she has to do to avoid ing in breach of duty is to make full disclosure. Any agent who is doubtful about his ... ...
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Half-way House Fiduciary Duties: Medsted Associates Ltd v Canaccord Genuity Wealth (International) Ltd
... ... to disclose the exact quantum of its commission amounted to a breach of the no-conflict fiduciary rule. The Court of Appeal agreed with the ... case, but reversed his decision on the point of breach of fiduciary duty. It ruled that when a client knows or should have known that the broker is ... ...
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Civil Liability for Sexual Exploitation in Professional Relationships
... ... that the professional breached the duty of care. But, while battery and negligence ... of developing an action for breach of fiduciary duty; only in this way ... ...
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Dishonesty plus Breach of Fiduciary Duties can Add up to Fraud
The Privy Council has added an interesting twist to the developing jurisprudence of commercial fraud in Grant Adams v The Queen, a recent appeal from the Court of Appeal of New Zealand. The judgmen...... ... The judgment seems to suggest that the dividing line between 'civil' wrongdoing (ie breaches of fidu-ciary duty, company law obligations) and 'criminal' wrongdoing (ie theft and fraud) is not an impene-trable barrier. The background to the appeal exhibits all ... ...
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