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Trusts & Trustees Advance Access originally published online on June 12, 2009
Trusts & Trustees 2009 15(6):447-457; doi:10.1093/tandt/ttp062
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© The Author (2009). Published by Oxford University Press. All rights reserved.

Fiduciary duties

Martin Day*

*Financial Services Team, Farrer & Co LLP, 66 Lincoln's Inn Fields, London, WC2A 3LH, UK. Tel: +44-20-7242-2022. Email: mjd{at}farrer.co.uk

In this article Martin Day considers the complex case law that now exists defining the nature of fiduciary duties,1 what remedies exist for their breach and how the application of such duties can be modified in practice. He also examines the position where fiduciary duties conflict with statutory or regulatory rules. A particular problem in relation to the incorporation of such duties into the instruments governing authorised unit trusts is also highlighted.


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