Nottingham University v Fishel

JurisdictionEngland & Wales
Judgment Date2000
CourtQueen's Bench Division
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110 cases
  • Generics [UK] Ltd t/a Mylan v Yeda Research and Development Company Ltd and Another
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 29 July 2013
    ...the employee must act solely or exclusively in the interest of the employer. He took the test from the decision of Elias J in University of Nottingham v Fishel [2000] EWHC 2221 (QB), [2000] ICR 1462. He quoted the following statement of Elias J: "…in determining whether a fiduciary relatio......
  • Crowson Fabrics Ltd v Rider and Others
    • United Kingdom
    • Chancery Division
    • 20 December 2007
    ...he owed fiduciary duties. 81 The clearest indication as to whether or not an employee was also a fiduciary is to be found in University of Nottingham v Fishel [2000] IRLR 471 approved by Moses LJ in Helmut Intgrated Systems Ltd v Tunnard [2007] IRLR 126 at paragraph 37 as follows:— “ ….in d......
  • Halcyon House Ltd v Caroline Baines and Others
    • United Kingdom
    • Queen's Bench Division
    • 11 July 2014
    ...only limited circumstances in which an employee owes fiduciary duties to his employer. The position was explained by Elias J in University of Nottingham v. Fishel [2000] ICR 1462 at pages 1490 – 1493:- " It is important to recognise that the mere fact that Dr. Fishel is an employee does not......
  • Francis v South Sydney District Rugby League Football Club Ltd
    • Australia
    • Federal Court
    • Invalid date
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3 firm's commentaries
  • Employee Competition: Recent Cases
    • United Kingdom
    • Mondaq United Kingdom
    • 7 July 2010 entitled to the single-minded loyalty of his fiduciary" (para 26). He reviewed Elias J's decision in Nottingham University v Fishel [2000] IRLR 471, which identified the circumstances in which an employee can owe fiduciary, in addition to contractual, duties (para 29). Jack J drew partic......
  • Beyond the Four Walls of the Employment Contract - Good Faith, Fidelity and Fiduciary Duties
    • Singapore
    • Mondaq Singapore
    • 31 March 2012
    ...3 SLR(R) 429 at [30]. 2 Laughton & Hawley v BAPP Industrial Supplies Ltd [1986] ICR 634 at 638, University of Nottingham v Fishel [2000] ICR 1462 at [58] 3 Shepherds Investment Ltd v Walters [2006] EWHC 836 (Ch) 5 at [108] 4 British Midland Tool Ltd v Midland International Tooling Ltd [......
  • Implied duties of good faith, fidelity and fiduciary duties in employment contracts
    • Singapore
    • Mondaq Singapore
    • 19 September 2012
    ...that there is an employment relationship. The Court of Appeal cited the English High Court decision of Nottingham University v Fishel [2000] IRLR 471 ("Fishel") and clarified that fiduciary duties "result from the fact that within a particular contractual relationship there are specific con......
4 books & journal articles
    • Singapore
    • Singapore Academy of Law Journal No. 2015, December 2015
    • 1 December 2015
    ...v Hertfordshire County Council[2000] IRLR 703. 67 See also para 43 below in relation to the approach of the courts in New Zealand. 68[2000] IRLR 471 at 483. See also Bhasin v Hrynew2014 SCC 71 at [65]. 69Cheah Peng Hock v Luzhou Bio-Chem Technology Ltd[2013] 2 SLR 577 at [46] and [49]. 70[1......
  • The Employment Relationship and Fiduciary Obligations
    • United Kingdom
    • Edinburgh Law Review No. , May 2012
    • 1 May 2012
    ...view is that entry into an employment contract, of itself, does not give rise to such a relationship,22University of Nottingham v Fishel [2000] IRLR 471. a position recently confirmed so far as Scotland is concerned by Lord Glennie in Samsung Semiconductor Europe v Docherty.33[2011] CSOH 32......
  • Forewarned Is Forearmed: Some Thoughts on the Inappropriate Use of Computers in the Workplace
    • South Africa
    • South Africa Mercantile Law Journal No. , August 2019
    • 16 August 2019
    ...Professor in Labour Law in the Department of Mercantile Law, University of South Africa, Pretoria.1 University of Nottingham v Fishel [2000] IRLR 471 para 96 (emphasis added).2 The advantages of having e-mail and Internet access at work include (a) it is a cost-effective way of communicatin......
  • The Employee Shareholder
    • United Kingdom
    • Maastricht Journal of European and Comparative Law No. 22-1, February 2015
    • 1 February 2015
    ...British dicta, Sinclair v. Neighb our [1967] 2 QB 279.36 At judicial level, the paradigm of this is Nottingham University v. Fishel [2000] IRLR 471. Doctrinally, see S. Deak in and G.S. Morris , Labour Law, p.372.37 Alth ough t here is a la ck of l itera ture on th is poi nt, it may be a ......

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