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Entitlement to act (honestly) in one’s own interest—(Russell v Cartwright and others)

Entitlement to act (honestly) in one’s own interest—(Russell v Cartwright and others)
Published on: 28 January 2020
Published by: LexisPSL
  • Entitlement to act (honestly) in one’s own interest—(Russell v Cartwright and others)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Commercial analysis: In the case of Russell v Cartwright, the High Court considered whether fiduciary duties or obligations of good faith were found or implied between parties in a joint venture. Mrs Justice Falk held, in this particular matter, that there were no fiduciary obligations because the relationship between the parties was one between shareholders rather than one akin to partnership, and that there were no obligations of good faith either. The judgment contains some interesting comments on the nature of fiduciary duties and obligations of good faith as well as consideration of the test to apply in implying good faith obligations. The case also concerns allegations of fraud and the effect of release and forbearance to sue clauses. Written by Rosamund Baker, a barrister at Selborne Chambers. or take a trial to read the full analysis.

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