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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Fiduciary Duties: The art of misdirection

Hunters Law | Trusts and Estates Law & Tax Journal | December 2010 #122
Rachel Mainwaring-Taylor finds Aerostar a timely reminder of how directors must be aware of their duties when dealing with multiple companies ‘From a commercial point of view, that there is nothing preventing an individual from holding the office of director in more than one company. In such circumstances they will be obliged to act in …

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