Fiduciary obligations and constructive trusts: Attribution of illegality
Insight
In an article published in Trusts and Estates Law & Tax Journal, Joseph de Lacey and Natasha Molson examine the Supreme Court’s decision in Crown Prosecution Service v Aquila Advisory Ltd [2021] UKSC 49.
The judgment provides a welcome summary of the consequences of a fiduciary’s breach of duty, and confirmation that in civil proceedings by a company against its directors for breach of duty, the fraud of those directors cannot be attributed to the company.
To view the article, please click here.
If you require further information about anything covered in this briefing, please contact Joseph De Lacey, Natasha Molson or your usual contact at the firm on +44 (0)20 3375 7000.
This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.
© Farrer & Co LLP, February 2022
