Barnsley v Noble
| Jurisdiction | England & Wales |
| Judge | Lord Justice Sales,Lord Justice Patten |
| Judgment Date | 02 August 2016 |
| Neutral Citation | [2016] EWCA Civ 799 |
| Docket Number | Case No: A3/2014/3555(A) |
| Court | Court of Appeal (Civil Division) |
| Date | 02 August 2016 |
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9 cases
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Hotel Portfolio II UK Ltd ((in Liquidation)) v Andrew Joseph Ruhan
...While cases such as Cape Breton might have suggested otherwise, there may also be scope for awarding compensation for loss. In Barnsley v Noble [2014] EWHC 2657 (Ch), Nugee J said at paragraph 262, citing Tito v Waddell (No. 2) at 249, that “there is no doubt that in principle [a claim for......
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Robert Sofer v SwissIndependent Trustees SA
...no reasonable professional trustee could have thought that what he did or agreed to do was for the benefit of the beneficiaries.” 53 In Barnsley v Noble [2017] Ch 191, a claim for breach of fiduciary duty, by way of acting in breach of the self-dealing rule, was made against one of the tru......
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The Secretary of State for Business, Energy and Industrial Strategy v PAG Asset Preservation Ltd
...He referred me by way of example to three cases in which this had happened without apparent challenge or adverse comment, namely Barnsley v Noble [2014] EWHC 2657 (Ch), at [3], per Nugee J (affirmed on appeal at [2017] Ch 191), Burnden Holdings (UK) Ltd v Fielding [2018] AC 857, at [7], p......
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David Alan Caldicott v Pamela Yvonne Richards
...rescission, which is an equitable remedy and therefore is not available automatically. I note the comments of Nugee J about Holder in Barnsley v Noble [2014] EWHC 2657 (Ch) at [295] to [298], which also sounded a note of caution and doubted whether the statements about discretion applied t......
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1 books & journal articles
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RECONCEPTUALISING FIDUCIARY REGULATION IN ACTUAL CONFLICTS.
...to the niche expertise of the conflicted fiduciary, it may be impossible to find a replacement. (214) See the facts of Barnsley v Noble [2017] Ch 191, 195-7 [2]-[13] (Sales LJ). In that case, a will contained a 'transactions clause' which modified the self-dealing rule such that an executor......