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Fiduciary Duties

Fiduciary Duties Directors and Employees

Author: Andrew Stafford QC; Stuart Ritchie
Publisher: LexisNexis U.K.
ISBN: 9781846610912
Published In: November 2008
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The law relating to the fiduciary duties owed by directors and employees to companies is complex and involves several overlapping areas of law.

The law relating to the fiduciary duties owed by directors and employees to companies is complex and involves several overlapping areas of law. It is, however, a relatively commonplace cause of action; individuals in positions of trust within a company are often tempted to abuse their position in order to steal company secrets, set up in competition, and poach staff and customers.

Fiduciary duties have historically defied easy characterisation. This area of law as it relates to directors and employees is developing and complex. Directors and employees of companies acting out of self-interest have generated an increasing number of claims alleging breach of fiduciary duty.

These claims range from conscious impropriety such as stealing company secrets, receiving bribes, acting in competition with the employer, to the grey area of exploitation of company property, information and opportunities, and to the even greyer area of preparations for future competition with the company. Breach of fiduciary duty can be unwitting but expensive.

Fiduciary Duties: Directors and Employees draws together in one volume the law relating to fiduciary duties in this context and analyses both its historical origins and its modern application by the Courts.

The book is aimed at commercial and employment lawyers. It provides a description of the present law and a discussion of the direction in which it might develop.

Fiduciary Duties
Employees Owing Fiduciary Duties
Contractual Issues
Unlawful Competition
Bribes
Accessory Liability in Equity
Vicarious Liability, Attribution, Imputation of Knowledge
Proprietary and Personal Remedies
Limitation
Procedural Issues

Andrew Stafford QC, Littleton Chambers
Stuart Ritchie, Littleton Chambers
Foreword by Justice Paul Finn

"Chapter 2 (Fiduciary Duties) ought to be required reading for company lawyers; employment lawyers will devour Chapters 3 (Employees Owing Fiduciary Duties) and 4 (Contractual Issues); and both sets will benefit from Chapter 5 (Unlawful Competition) ... how rare it is to find commentary on the Companies Act 2006 that is almost pure analysis! The same rigour is evident in chapters dealing with bribes; dishonest assistance and knowing receipt; vicarious liability and the rules of attribution; the equitable remedies; the Limitation Act; and relevant Civil Procedure Rules ... stimulating and timely and merits the high praise it has received from Justice Paul Finn - who provides the foreword ... value for money"
Solicitors Journal

"Expansive and with frequent reference to relevant case law ... takes a reflective and incisive approach to this uncertain area of law"
The In-House Lawyer