F & C Alternative Investments (Holdings) Ltd v Barthelemy and another (No 3)

JurisdictionEngland & Wales
CourtChancery Division
JudgeTHE HONOURABLE MR JUSTICE SALES,Mr Justice Sales
Judgment Date28 October 2011
Neutral Citation[2011] EWHC 1731 (Ch),[2011] EWHC 2807 (Ch)
Docket NumberCase No: HC09C00709
Date28 October 2011

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91 cases
  • Estera Trust (Jersey) Ltd (formerly known as Appleby Trust (Jersey) Ltd) (a company incorporated under the Laws of Jersey) v Jasminder Singh
    • United Kingdom
    • Chancery Division
    • 5 July 2018
    ...trustees have taken a common line in furtherance of their common interests. 221 The Petitioners seek to rely on F&C Alternative Investments (Holdings) Ltd v Barthelemy (No. 2) [2011] EWHC 1731 (Ch); [2012] 3 WLR 10 as establishing a principle that one may look at the business realities in ......
  • Abdullah Al-Dowaisan and Another v Imad Abdul Al-Salam & 3 Ors
    • United Kingdom
    • Chancery Division
    • 7 February 2019
    ...loyalty of his fiduciary.” and of Sales J in the case of F&C Alternative Investments (Holdings) Ltd v Barthelemy (No 2) [2011] EWHC 1731 (Ch) at paragraphs 222 to 226, and also upon statements in the book of an Australian academic, Dr J A Watson, entitled ‘ The Duty to Account’ at parag......
  • Mark Faulkner v Vollin Holdings Ltd
    • United Kingdom
    • Chancery Division
    • 31 March 2021
    ...with the justified expectations of the parties.” 359 Later, in F & C Alternative Investments (Holdings) Ltd. v. Barthelemy (No.2) [2012] Ch 613, Sales J. (as he then was) cited with apparent approval the following passages from the Judgment of Hodgson JA in an earlier Australian decisio......
  • The Royal Bank of Scotland Plc v Michael Patrick McCarthy
    • United Kingdom
    • Queen's Bench Division
    • 21 December 2015
    ...from the authority which is cited in support of the proposition set out in the sentence: F&C Alternative Investments v Barthelemy [2011] EWHC 1731 (Ch), [2012] Ch. 613. As Miss Eborall pointed out in her Written Closing Submissions, that case involved a limited liability partnership dis......
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1 firm's commentaries
  • Developments in Unfair Prejudice Litigation
    • United Kingdom
    • Mondaq UK
    • 7 July 2022
    ...434, and Re G&G Properties Limited [2018] EWHC 2807 (Ch) (go back) 6F&C Alternative Investments (Holdings) Limited v Barthelemy (No 2) [2012] Ch 613, per Sales J at 1096 (go 7Re TPD Investments Limited [2017] EWHC 657 (Ch),per Asplin J at 158 (go back) 8The classic formulation of this secon......
3 books & journal articles
  • Betrayal of Trust in Medical Manslaughter
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 83-6, December 2019
    • 1 December 2019
    ...v L.R. 594, 598.29. Bristol & West Building Society (n 21) 18.30. F & C Alternative Investments (Holdings) Ltd v Barthelemy (No. 2) [2011] EWHC 1731 (Ch) [225]; [2012] Ch 613.31. P Peppin, ‘A Feminist Challenge to Tort Law’ in A Bottomley (ed), Feminist Perspectives on the Foundational Subj......
  • RECONCEPTUALISING FIDUCIARY REGULATION IN ACTUAL CONFLICTS.
    • Australia
    • Melbourne University Law Review Vol. 45 No. 1, August 2021
    • 1 August 2021
    ...213. (142) Ibid 211-12. (143) Ibid 216. (144) Ibid. (145) North & South Trust (n 62) 485-6 (Donaldson J). (146) See ibid 486. (147) [2012] Ch 613, 655 [228] (Sales J) ('F & C Alternative Investments (Holdings)'), discussing Mothew (n 45) (148) F & C Alternative Investments (Hold......
  • Duties
    • United Kingdom
    • Wildy Simmonds & Hill Partnership and LLP Law - 2nd edition Contents
    • 29 August 2018
    ...the director’s report on the accounts and the lack of an obligation 32F & C Alternative Investments (Holdings) Ltd v Barthelemy [2011] EWHC 1731 (Ch), [2012] Ch 613. Page 71 Duties 71 to disclose any internal constitution. These duties are principally to be found in the following legisl......