FIDUCIARIES THEN AND NOW. (September 2021)

• Record Type: Journal Article
• Authors: Worthington, Sarah
• Is Part Of: Cambridge law journal. Volume 80:Supplement 1(2021)
• Page Start: S154
• Page End: S178
• Publication Date: 2021-09
• Subjects: fiduciaries -- fiduciary definition -- fiduciary duty of loyalty -- fiduciary powers -- equitable compensation -- fiduciary remedies; Law -- Great Britain -- Periodicals; 349.41
• DOI: 10.1017/S0008197321000611
• Languages: English
• ISSNs: 0008-1973

Abstract

Abstract: This article takes as its starting point three ground-breaking articles by Len Sealy in the 1960s, and examines their lasting impact on the modern law of fiduciaries. It includes a detailed consideration of the modern tendency to describe rather than define fiduciaries; it critiques the current readiness to merge fiduciaries with other power-holders, thus ignoring the significant differences between the duties of loyalty in issue in the two contexts; and finally it evaluates and defends the modern approach to fiduciary remedies, especially equitable compensation.