Crown Prosecution Service v Aquila Advisory Ltd WTLR(w) 2022-03

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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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Duty of care: Terms and conditions apply. Or do they?

Farrer & Co | Trusts and Estates Law & Tax Journal | April 2020 #215
The Court of Appeal rules on whether the Quincecare duty can be excluded by a bank’s terms and conditions. Jolyon Connell and Oliver Blundell explain ‘Even for commercial clients, to be valid, any limitation or indemnity clause will need to be in clear and prominent language within the terms and conditions.’ Bank fraud is an …

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