It is established that relationships such as those between solicitor and client, principal and agent and trustee and beneficiary automatically give rise to a fiduciary relationship under common law. A fiduciary relationship can, however, arise in a wide range of other relationships where there is a substantial degree of control over the property and affairs […]
Category: Legal Update
Use of Documents Disclosed in One Set of Proceedings in Related Proceedings
There is a reasonably well known English court rule that a party to whom a document has been disclosed in proceedings may use the document only for the purpose of those proceedings and not in any other proceedings. An exception to that rule is where the document has been read to or by the court, […]
Good Faith Obligation
Is there a duty of good faith in English law contracts? Mr Justice Leggatt started it. In a 2013 case (Yam Seng Pte Ltd v ITC [2013] EWHC 111) he examined in detail and perhaps for the first time in the English courts “the subject of whether English law does or should recognise a general […]