Nottingham University v Fishel
| Jurisdiction | England & Wales |
| Judgment Date | 2000 |
| Date | 2000 |
| Year | 2000 |
| Court | Queen's Bench Division |
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111 cases
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Crowson Fabrics Ltd v Rider and Others
...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......
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Generics [UK] Ltd t/a Mylan v Yeda Research and Development Company Ltd and Another
...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......
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Halcyon House Ltd v Caroline Baines and Others
...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......
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3 firm's commentaries
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Employee Competition: Recent Cases
...is 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......
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Beyond the Four Walls of the Employment Contract - Good Faith, Fidelity and Fiduciary Duties
...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 [......
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Implied duties of good faith, fidelity and fiduciary duties in employment contracts
...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
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FATE OF TRUST AND CONFIDENCE IN EMPLOYMENT CONTRACTS
...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......
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The Employment Relationship and Fiduciary Obligations
...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......
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Forewarned Is Forearmed: Some Thoughts on the Inappropriate Use of Computers in the Workplace
...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......
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The Employee Shareholder
...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 ......