Continue reading "Fiduciary obligations and constructive trusts: Attribution of illegality"
Fiduciary obligations and constructive trusts: Attribution of illegality
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 …