Material Breach in UK Law

  • How fiduciary duty law incentivises investors to manage sustainability risks
    • No. 23-3, September 2021
    • European Journal of Social Security
    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...
    ... ... ; thus, their management is required only if they are financially material for investments. We show that this principle equally applies to long-term ... to breach their FD. Keywords Fiduciary duty, institutional investors, pension funds, ... ...
  • Preventing corporate scandals
    • No. 11-3, July 2004
    • Journal of Financial Crime
    • 268-276
    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 ...
    ... ... the various facets of®nancial fraud, what constitutes auditors' breach ofduties to their clients, responsibility for the monitor-ing and ... Nevertheless, the auditor shouldbe able to detect all material fraud. The notion ofpublic interest requires an auditor to report to ... ...
  • Recent Developments Regarding the Misappropriation Theory in Securities Fraud Actions
    • No. 5-4, February 1998
    • Journal of Financial Crime
    • 381-384
    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 ... adopted Rule 14e-3(a),5 which prohibits trading on the basis of material, non-public information concerning a tender offer, without requiring the ... ...
  • KAUFMANN AND OTHERS V CREDIT LYONNAIS BANK
    • No. 3-3, March 1995
    • Journal of Financial Regulation and Compliance
    • 283-289
    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 ...
    ... ... CA granted THE FACTS Credit Lyonnais (the Defendant), who at all material times were author-ised to conduct investment business by virtue of their ... Association (SFA) rules and/or acted negligently and/or were in breach of the fiduciary duty owed to the Plaintiffs, and were thereby liable in ... ...
  • Uncertainty in Commercial Law
    • No. , January 2009
    • Edinburgh Law Review
    • 68-99
    ... ... Is the establishment of a material misrepresentation or non-disclosure sufficient to enable the underwriter ... do so discharges the insurer from liability as from the date of the breach. 122 122 Marine Insurance Act 1906 s 33(3). Warranties may be express or ... ...
  • A Vinter retreat in Europe
    • No. 8-2, June 2017
    • New Journal of European Criminal Law
    In Vinter and Others v. United Kingdom, the Grand Chamber of the European Court of Human Rights held that domestic procedures for reviewing whole life prison sentences in England and Wales were in ...
    ... ... domesticCourt of Appeal declinedto revise those procedures,or the material relating to them, andheld that the Grand Chamber wasincorrect in its ... whole life prisoners was in fact adequate and did not amount to a breach of Article 3 of the European Convention. The referral was accepted by the ... ...
  • The Scottish Law Commission's Contract Report 2018
    • No. , September 2018
    • Edinburgh Law Review
    • 398-405
    ... ... in the report itself, formation, interpretation, remedies for breach, and penalty clauses.3 ... Each subject involved reconsideration of four ... the contract by B (that is, B has rescinded the contract for A's material breach). Thus, for example, in the classic case of Graham v United Turkey ... ...
  • 1971 Advisory Opinion of the International Court of Justice on Namibia (South West Africa)
    • No. 5-1, March 1972
    • Federal Law Review
    ... ... , the Court held that a finding by the General Assembly - of material breach was a proper ground of mandate termination. By ---' reference to ... ...
  • Douglas Brodie, THE CONTRACT OF EMPLOYMENT Edinburgh: Thomson/W Green (www.wgreen.co.uk), Scottish Universities Law Institute, 2008. xxxix + 270 pp. ISBN 9780414017221. £125.
    • No. , January 2009
    • Edinburgh Law Review
    • 153-154
    ... ... contract, implied terms, damages, and termination by reason of material breach or wrongful dismissal. It does not deal, except in passing, with ... ...
  • The Mutuality of Obligations Doctrine and Termination of the Employment Contract: McNeill v Aberdeen City Council (No 2)
    • No. , May 2014
    • Edinburgh Law Review
    • 259-265
    ... ... >In English law, an employer is prevented from curing a repudiatory breach of the contract of employment, whereas this is possible in Scots law: cf ... 1997 SLT 1213 at 1216L that he “did not consider that … any material breach by one party to a contract necessarily disentitles him from ... ...
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