Litigation Notes

Supreme Court clarifies liability for equitable compensation for breach of fiduciary duty

The decision confirms that fiduciary liability attaches to those who act as fiduciaries in substance, even if their formal powers have lapsed, and that …

High Court dismisses liquidator's dishonest assistance and fraudulent trading claims, rejecting all allegations of dishonesty

The decision clarifies that the General Rolling Stock principle (whereby limitation periods cease to run against a company in liquidation) does not apply …

Privy Council delivers a useful reminder of the limits of the Re Duomatic principle of informal shareholder assent

Litigation developments: England and Wales – Quarterly update

Supreme Court clarifies remedies available against dishonest assistant for breach of a constructive trust

The decision confirms that a dishonest assistant can be liable to compensate a beneficiary who has suffered loss due to a fiduciary's dissipation of …

Supreme Court confirms fiduciary must account even for profits that would have been made without the breach of duty

The decision confirms that a "but for" causation analysis based on a hypothetical counterfactual is not relevant in determining the scope of an account …

Is the decentralised governance of Bitcoin a myth? Court of Appeal finds real issue to be tried as to whether developers owe fiduciary duties to Bitcoin owners

Court of Appeal decision confirms severe consequences where business partner for exploitation of oil-extraction technology breached fiduciary duty

The Court of Appeal has substantially upheld the first instance decisions in a lengthy piece of ongoing litigation relating to a joint business venture …

High Court finds LLP member's profit share can be forfeited for breach of fiduciary duty

On an appeal from an arbitration award, the High Court found that a profit share payable to a member of an LLP was capable of being subject to forfeiture …

Court of Appeal confirms account of profits available as remedy for dishonest assistance

Some, if not quite born trustees, are appointed as such at the outset of a trust. Some achieve trusteeship at some later stage. And some have some …

Court of Appeal confirms implied fiduciary duty in joint venture arrangement

The Court of Appeal has recently upheld a first instance decision in which the court implied a fiduciary duty into a joint venture arrangement, including …