Biggs et Al v London Loan & Savings Company et Al London Loan & Savings Company v Brickenden et Al

JurisdictionUK Non-devolved
CourtPrivy Council
Judgment Date1934
Year1934
Date1934

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82 cases
  • Quality Assurance Management Asia Pte Ltd v Zhang Qing
    • Singapore
    • High Court (Singapore)
    • 3 May 2013
    ...and remoteness did not readily apply when assessing equitable compensation; Brickenden v London Loan & Savings Company of Canada[1934] 3 DLR 465 (‘the Brickenden principle’). But even in equity the test of liability for equitable compensation was whether the loss would have been suffered bu......
  • Stafford v Attorney-General
    • New Zealand
    • High Court
    • 30 October 2024
    ...citing Gilbert v Shanahan [1998] 3 NZLR 528 (CA). This represents a relaxation of the rule in Brickenden v London Loan & Savings Co [1934] 3 DLR 465 (PC), espoused by Lord Thankerston at 469, in which fiduciary defendants were precluded from arguing that even if a plaintiff had been correct......
  • Swindle v Harrison
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 25 March 1997
    ...in the absence of fraud. Moreover, He approved Causon Enterprises Ltd v Boughton & CoUNK ((1991) 85 DLR 129Brickenden v London Loan & Savings CoUNK ((1934) 3 DLR 465, 469), they were liable to restore Mrs Harrison financially to the position she was in when their breach of duty occurred......
  • Murad and Another v Al-Saraj and Another
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 29 July 2005
    ...Ltd. v. Southend United Football Club Ltd [1988] 1 WLR 1256, esp. at 1264B-C. 105 In the Privy Council case of Brickenden v. London Loan and Savings Co [1934] 3 DLR 465 a solicitor acting for the loan company had a personal interest in certain loans made to a customer of the company which, ......
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8 books & journal articles
  • Credit Advisers, Consumer Credit and Equitable Fiduciary Obligations
    • United Kingdom
    • Sage Federal Law Review No. 47-1, March 2019
    • 1 March 2019
    ...sought. Similarly, the facts do not engage the con-tentious approach to causation associated with Brickenden v London Loan & Savings Co [1934] 3 DLR465, 469 (the Board). See generally Matthew Conaglen, ‘Brickenden’ in Simone Degeling and Jason NE Varuhas (eds), Equitable Compensation and Di......
  • Equity and Trusts
    • Singapore
    • Singapore Academy of Law Annual Review No. 2013, December 2013
    • 1 December 2013
    ...stands at the very core of the fiduciary relationship. First, it must be noted that the decision of Brickenden v London Loan & Savings Co[1934] 3 DLR 465 has come under trenchant criticism by commentators and subsequent cases (helpfully summarised in Fiduciary Loyalty at pp 90–94). Second, ......
  • Case Note
    • Singapore
    • Singapore Academy of Law Journal No. 2022, January - March 2022
    • 1 March 2022
    ...see also Tan Ruo Yu, “Causation in Equitable Compensation: Then Khek Koon v Arjun Permanand Samtani” (2014) 26 SAcLJ 724 at 737. 63 [1934] 3 DLR 465. 64 Beyonics Technology Ltd v Goh Chan Peng [2016] 4 SLR 472 at [137]. 65 Beyonics Technology Ltd v Goh Chan Peng [2016] 4 SLR 472 at [132]–[1......
  • RECONCEPTUALISING FIDUCIARY REGULATION IN ACTUAL CONFLICTS.
    • Australia
    • Melbourne University Law Review Vol. 45 No. 1, August 2021
    • 1 August 2021
    ...Moody v Cox [1917] 2 Ch 71, 91 (Scrutton LJ) ('Moody'). (51) See Stewart (n 34) 690 (Foster J). (52) Ibid 709. (53) Ibid 711. (54) [1934] 3 DLR 465, 469 (Lord Thankerton) (Privy (55) Stewart (n 34) 712-13 (Foster J). (56) Ibid 713-14. (57) Ibid 714. (58) See Matthew Conaglen, 'Brickenden' i......
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