Fiduciary Duty in UK Law
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Fiduciary Duty under the Microscope: Stewardship and the Spectrum of Pension Fund Engagement
UK pension fund trustees’ interpretations of their fiduciary duties may shape pension fund approaches to corporate stewardship and engagement envisioned by the UK Stewardship Code. Data from interv...
- Can mere incompetence constitute a breach of fiduciary duty?
- The Director's Fiduciary Duty not to Compete
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How fiduciary duty law incentivises investors to manage sustainability risks
The compatibility of Environmental, Social and Governance (ESG) risk management with the investment management requirements under the investors’ fiduciary duties (FD) figures among the key question...
- Equitable Compensation for Breach of Fiduciary Duty in Scotland: Kidd v Paull & Williamsons LLP
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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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Directors’ duties in the context of Confucianism
Purpose: – The purpose of this paper is to demonstrate how Confucianism can be applied in the areas that are now governed by company law in the common law system and how it can play a role in impro......... cases in Hong Kong and theUnited Kingdom about the law of duciary duty and the duty of care and its relationship withConfucianism. In this ... and theenvironment, as set out in the UK’s Companies Act 2006.Fiduciary duties[4]To begin with, it is important to compare duciary duty with ......
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The corporate governance of banks
Purpose: To consider the implications of the banks fiduciary duty to their depositors (as well as the shareholders) and the government's fiscal duty to taxpayers (in the presence of deposit insuran......... – To consider the implications of the banks fiduciary duty to their depositors (as well as theshareholders) and the government’s ......
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KAUFMANN AND OTHERS V CREDIT LYONNAIS BANK
Credit Lyonnais (the Defendant), who at all material times were authorised to conduct investment business by virtue of their membership of the Securities Association (its functions now subsumed by .........(SFA) rules and/or acted negligently and/or were in breach of the fiduciary duty owed to the Plaintiffs, and were thereby liable in damages to the ......
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A Betrayal of Trust? Back to the Drawing Board for Medical Manslaughter
In seeking to provide a solution to the issues raised by medical manslaughter, Wheeler and Wheeler have recently proposed reform by way of a reconceptualised offence based on a breach of a fiduciar......... by way of a reconceptualised offence based on a breach of a fiduciary duty amounting to a betrayal of trust. This article provides an ......
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