Fiduciary obligations and constructive trusts: Attribution of illegality

Farrer & Co | Trusts and Estates Law & Tax Journal | March 2022 #231
Joseph de Lacey and Natasha Molson analyse the Supreme Court’s decision in Crown Prosecution Service v Aquila Advisory Ltd  The court confirmed the approach as set out in Jetivia, namely that in proceedings by a company against its directors for breach of fiduciary duty, the fraud of the directors could not be attributed to the …

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Disclosure: Privileged upbringing

Allen & Overy | The Commercial Litigation Journal | July/August 2018 #80
Richard Farnhill resumes his assessment of the current law of privilege ‘Cotton LJ divides agents into two camps: those responsible for obtaining legal advice and all the rest. Only communications between the lawyer and the former camp are protected. There are significant issues with that approach.’ In the first part of this article, I examined …

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Privilege: What divides us

Allen & Overy | The Commercial Litigation Journal | May/June 2018 #79
In the first of a three-part consideration of the need for reform of privilege, Richard Farnhill outlines the background to privilege and attribution ‘Where an agent has become aware of facts or information in the course and as a consequence of his or her duties and communicates them to the legal adviser with a view …

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