Mala Fides in UK Law

Leading Cases
  • Ebrahimi v Westbourne Galleries Ltd; Re Westbourne Galleries Ltd
    • House of Lords
    • 03 May 1972

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

    As to the duties and liabilities of those occupying such a fiduciary position, a number of cases were cited to us which were not brought to the attention of the trial Judge. In my view the Respondents were in a fiduciary position and their liability to account does not depend upon proof of mala fides.

    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.

  • Jones v Challenger
    • Court of Appeal
    • 14 March 1960

    But this simple principle cannot prevail where the trust itself or the circumstances in which it was made show that there was a secondary or collateral object besides that of sale. The application was refused and it is plain from the Judgment that in such circumstances the Court has a complete discretion to do what is right and proper and will not allow the voice of the man who is in breach of his obligation to prevail.

  • Armitage v Nurse
    • Court of Appeal (Civil Division)
    • 19 March 1997

    I accept the submission made on behalf of Paula that there is an irreducible core of obligations owed by the trustees to the beneficiaries and enforceable by them which is fundamental to the concept of a trust. If the beneficiaries have no rights enforceable against the trustees there are no trusts.

  • R v DPP ex parte Kebeline
    • House of Lords
    • 28 October 1999

  • Frome United Breweries Company v Bath Justices
    • House of Lords
    • 07 May 1926

    In my opinion the case is a stronger one than that of The Queen v. Fraser and Others (9 T.L.R. 613), where a magistrate who was a member of a particular council of a religious body, one of the objects of which was to oppose the renewal of licences, was present at a meeting at which it was decided that the council should oppose the transfer or renewal of the licences, and that a solicitor should be instructed to act for the council at the meeting of the magistrates when the case came on.

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Books & Journal Articles
  • Experts and pretenders: Examining possible responses to misconduct by experts in criminal trials in England and Wales
    • No. 24-2, April 2020
    • International Journal of Evidence & Proof, The
    • 0000
    Much academic literature explores the reliability of expert evidence in criminal proceedings in England and Wales. However, almost no attention has been paid to misconduct by experts giving evidenc...
    ... ... professional has overstepped their expertise, but has not dis-played mala fides. On the contrary, where someone gives evidence purporting to ... ...
  • Restitution where an Anticipated Contract Fails to Materialise
    • No. 59-1, January 1996
    • The Modern Law Review
    ... ... Even if there was mala fides, English law does not formally recognise a principle of ... ...
  • Convergence of Trademark Law and E-Commerce: Overview of US, EU and China Regulations on Trademarks and Domain Names
    • No. 8-2, July 2014
    • Mizan Law Review
    • G Naumovski - D Chapkanov
    • Goce Naumovski (PhD), Associate Professor Vice-Dean for Academic Affairs,, Iustinianus Primus Law Faculty, SS. Cyril and Methodius University, Skopje, Macedonia. - Dimitri Chapkanov, Ph.D Candidate, SS. Cyril and Methodius University, Iustinianus Primus Law Faculty, Skopje, Macedonia.
    • 424-438
    This comment outlines the significance of the relations between trademarks and information technology from a comparative law perspective. It further affirms the indispensability of an interdiscipli...
    ... ... This subject acts in mala fides (bad faith), contrary to the principles of consciousness and ... ...
  • Can Parliament Confer Plenary Executive Power? the Limitations Imposed by Sections 51 and 52 of the Australian Consitution
    • No. 44-2, June 2016
    • Federal Law Review
    • 0000
    Plenary executive power seems repugnant to the rule of law. It is often said that such power cannot exist: that all executive power must have legal limits. Yet, it remains unclear which principle o...
    ... ... to act, or otherwise impose some requir ement of bona fides. Finally, the position with respect to purposive legislative powers is ... VI MALA FIDES LEGISLATION A statute purporting to confer plenary executive power ... ...
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Law Firm Commentaries
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