Breach of Trust in UK Law

Leading Cases
  • Bristol and West Building Society v Mothew
    • Court of Appeal (Civil Division)
    • 24 Jul 1996

    A fiduciary is someone who has undertaken to act for or on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence. The distinguishing obligation of a fiduciary is the obligation of loyalty. The principal is entitled to the single-minded loyalty of his fiduciary. 2), he is not subject to fiduciary obligations because he is a fiduciary; it is because he is subject to them that he is a fiduciary.

  • Target Holdings Ltd v Redferns
    • House of Lords
    • 20 Jul 1995

    In such a case the basic rule is that a trustee in breach of trust must restore or pay to the trust estate either the assets which have been lost to the estate by reason of the breach or compensation for such loss.

    Bare trusts arise in a number of different contexts: e.g. by the ultimate vesting of the property under a traditional trust, nominee shareholdings and, as in the present case, as but one incident of a wider commercial transaction involving agency. But the basic equitable principle applicable to breach of trust is that the beneficiary is entitled to be compensated for any loss he would not have suffered but for the breach.

  • Lewis v Motorworld Garages Ltd
    • Court of Appeal (Civil Division)
    • 01 Aug 1985

    (c) The breach of this implied obligation of trust and confidence may consist of a series of actions on the part of the employer which cumulatively amount to a breach of the term, though each individual incident may not do so. In particular in such a case the last action of the employer which leads to the employee leaving need not itself be a breach of contract; the question is, does the cumulative series of acts taken together amount to a breach of the implied term?

  • Barlow Clowes International Ltd ((in Liquidation)) and Others v Eurotrust International Ltd (No 2)
    • Privy Council
    • 10 Oct 2005

    Although a dishonest state of mind is a subjective mental state, the standard by which the law determines whether it is dishonest is objective. If by ordinary standards a defendant's mental state would be characterised as dishonest, it is irrelevant that the defendant judges by different standards. The Court of Appeal held this to be a correct state of the law and their Lordships agree.

  • Omilaju v Waltham Forest London Borough Council
    • Court of Appeal (Civil Division)
    • 11 Nov 2004

    A final straw, not itself a breach of contract, may result in a breach of the implied term of trust and confidence. The quality that the final straw must have is that it should be an act in a series whose cumulative effect is to amount to a breach of the implied term. I do not use the phrase "an act in a series" in a precise or technical sense. The act does not have to be of the same character as the earlier acts.

  • Regal (Hastings) Ltd v Gulliver
    • House of Lords
    • 20 Feb 1942

    The rule of equity which insists on those who by use of a fiduciary position make a profit, being liable to account for that profit, in no way depends on fraud, or absence of bona fides; or upon such questions or considerations as whether the profit would or should otherwise have gone to the Plaintiff, or whether the profiteer was under a duty to obtain the source of the profit for the Plaintiff, or whether he took a risk, or acted as he did for the benefit of the Plaintiff, or whether the Plaintiff has in fact been damaged or benefited by his action.

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Legislation
  • Trustee Act 1925
    • UK Non-devolved
    • January 01, 1925
    ......4 Power to retain investment which has ceased to be authorised. . . A trustee shall not be liable for breach of trust. by reason only of his continuing to hold an investment. which has ceased to be an investment authorised by. the trust instrument or by the ......
  • Civil Liability (Contribution) Act 1978
    • UK Non-devolved
    • January 01, 1978
    ......the legal basis of his liability, whether tort, breach of contract,. breach of trust or otherwise). . (2) References in this ......
  • Companies Act 1862
    • UK Non-devolved
    • January 01, 1862
    ......S-30 . Entry of Trusts on Register. 30 Entry of Trusts on Register. . 30. No Notice of any ... for any Monies of the Company, or been guilty of any Misfeasance or Breach of Trust in relation to the Company, the Court may, on the Application of ......
  • Limitation Act 1980
    • UK Non-devolved
    • January 01, 1980
    ......negligence, nuisance or breach of duty (whether the duty exists. by virtue of a contract or of provision ...S-18 . Settled land and land held on trust. 18 Settled land and land held on trust. . (1) Subject to section 21(1) ......
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Books & Journal Articles
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Law Firm Commentaries
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