Question
The court seems to have concluded that no distinction could be made between any type of gain made by a fiduciary in breach of their
"The court seems to have concluded that no distinction could be made between any type of gain made by a fiduciary in breach of their duties. Accordingly, no distinction should be made between cynical and honest fiduciary breaches."
Elizabeth Houghton 'Reviving proprietary relief as a response to fiduciary gains: FHR v Cedar Capital' (2014) 20 Trusts & Trustees, 994-1005
Critically analyse this statement. Does it reflect English law's approach to fiduciary liability? Is this approach justified? Why or why not?
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Essentials of Business Law and the Legal Environment
Authors: Richard A. Mann, Barry S. Roberts
12th edition
9781305445734, 1305075439, 1305445732, 978-1305075436
