Misconduct: Coming clean

Herbert Smith Freehills LLP | Employment Law Journal | March 2011 #118
Andrew Taggart and Sarah Hitchins consider the circumstances in which employees of varying seniority may be obliged to reveal their own wrongdoing ‘When considering whether an employee owed a duty to disclose their own wrongdoing, a court is likely to look at their terms and conditions of employment. Some employees (even those who do not …

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Breach Of Trust: Dishonest or unconscionable?

University of Greenwich | Trusts and Estates Law & Tax Journal | April 2011 #125
The Starglade case casts light on the meaning of dishonesty in the context of accessory liability, as Mark Pawlowski discusses ‘In Twinsectra Ltd v Yardley [2002], the majority of the House of Lords concluded that dishonesty also required a dishonest state of mind. This approach, however, was rejected by the Privy Council in Barlow Clowes …

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