The following Commercial practice note provides comprehensive and up to date legal information covering:
There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and co-partners, mortgagor and mortgagee.The duties of some fiduciaries have been codified, for example, the statutory duty of skill and care which is imposed upon trustees by section 1 of the Trustee Act 2000 (TrA 2000) and the relationship between company directors and the company under the Companies Act 2006. For information in relation to the fiduciary duties of directors, see Practice Note: Fiduciary duties of directors.
In Bristol and West Building Society v Mothew, Millet LJ described a fiduciary as
‘A fiduciary is someone who has undertaken to act for and on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence. The distinguishing obligation of a fiduciary is the obligation of loyalty. The principal is entitled to the single-minded loyalty of his fiduciary. This core liability has several facets. A fiduciary must act in good faith; he must not make a profit out of his trust; he must not place himself in a position where his duty and his interest may conflict; he may not act for his own benefit or the benefit
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This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.What is a Part 8 claim?A Part 8 claim is a claim
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This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
The Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard Commercial Property Conditions (Second Edition) (the Second Edition), which was published in June 2004. It is intended to reflect the changes in law and
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