Bristol and West Building Society v Mothew
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE MILLETT,LORD JUSTICE OTTON,LORD JUSTICE STAUGHTON |
| Judgment Date | 24 July 1996 |
| Judgment citation (vLex) | [1996] EWCA Civ J0724-2 |
| Docket Number | FC3 96/5816/B |
| Court | Court of Appeal (Civil Division) |
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288 cases
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Independent Trustee Services Ltd v GP Noble Trustees Ltd
...for misrepresentation or breach of fiduciary duty does not impose a retrospective liability for breach of trust: see Bristol & West Building Society v Mothew [1998] Ch 1. If ITS intends to pursue such a claim it will have to be properly pleaded and determined in subsequent proceedings in th......
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Abdullah Al-Dowaisan and Another v Imad Abdul Al-Salam & 3 Ors
...circumstances justify the imposition of such duties. Founding themselves upon the well-known observations of Millett LJ in Bristol & West Building Society v Mothew [1998] Ch 1 at pages 18A to B that: “… a fiduciary is someone who has undertaken to act for or on behalf of another in a parti......
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Rossetti Marketing Ltd and Another v Diamond Sofa Company Ltd
...interest conflict', and he 'may not act for … the benefit of a third party without the informed consent of his principal' – Bristol and West Building Society v Mothew [1998] Ch 1, 18A-B. To the same effect, and more specifically to the present case, Lord Browne-Wilkinson, giving the judgmen......
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Lie Hendri Rusli v Wong Tan and Molly Lim (a firm)
... ... legal profession, which performs a vital role in a society that is predicated, and places a premium, on the rule of ... 65 Millett LJ in Briston and West Building Society v Mothew [1998] Ch 1 at 11 noted: ... ...
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3 firm's commentaries
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Employee Competition: Recent Cases
...fiduciaries. Jack J reviewed the leading authorities. He considered Millett LJ's judgment in Bristol and West Building Society v Mothew [1998] Ch 1, and his statement that the "distinguishing obligation of a fiduciary is the obligation of loyalty. The principal is entitled to the single-min......
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Expert independence or client loyalty? Court restrains experts from acting in arbitration
...1380, 1386 (Lord Denning). 2 A v B [2020] EWHC 809 (TCC) (Mrs Justice O'Farrell) (A v B). 3 Eg, Bristol and West Building Society v Mothew [1998] Ch 1, 18 (Millett LJ); Hospital Products v United States Surgical Corporation (1984) 156 CLR 41, 72 (Gibbs CJ), 96 - 97 (Mason J), 142 (Dawson J)......
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Tulip V Van Der Laan: The Future Of Cryptocurrency In The United Kingdom
...or more of the existing bitcoin blockchains and, where precision is necessary, we specify the ticker, eg, 'BTC bitcoin', 'BSV bitcoin'. 4 [1998] Ch 1 5 BTC bitcoin uses the particularly permissive MIT open-source licence 6 Para. 78, per Birss LJ 7 [2019] EWHC 3556 (Comm) 8 Digital Assets: C......
9 books & journal articles
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Trust Parties’ Uniquely Easy Access to Rescission: Analysis, Critique and Reform
...and no-profit duties, thoseof their duties seen as fiduciary duties, properly so called, in Bristol and West Building Society vMothew [1998] Ch 1, 18. See analysis of the nature of the Re Hastings-Bass duty, showing it notto be a fiduciary duty, in Ashdown, ibid, 61–80. In the Court of Appeal ......
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Incomplete contracts, contingent fiduciaries and a director's duty to creditors.
...Beneficiaries of Corporate Fiduciary Duties' (1991) 21 Stetson Law Review 23, 41. (106) Bristol and West Building Society v Mothew [1998] Ch 1, 18 (Millett (107) Ibid. (108) It is outside the scope of this article to consider in depth what a fiduciary duty is and what it involves: see furth......
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Tort Law
...of providing the promised advice. 24.83 On fiduciary duties, Pillai J referred (at [104]) to Bristol and West Building Society v Mothew[1998] Ch 1 where Millett LJ described a fiduciary in this manner: A fiduciary is someone who has undertaken to act for or on behalf of another in a particu......
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Conflicts of Interest in Financial Services: Judicial Development and Regulatory Rules
...a duciary must always act in the best interest of his principal, is referred to in [1996] 4 All ER 698, at 712.39. [1896] AC 44, at 51. is statement, referring to two of the four fundamental duciary rules, suggests that these duties may ......
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