Author: Keith Wallace (2000)

Keith Wallace looks at the increasing attempts to claim that a fiduciarity relationship exists and to use this to seek more substantial redress
(taken from Isssue No 13 –  October 2000)

What terrifies the businessman, and his lawyers, is being accused of a breach of fiduciary duty for a lapse in the conduct of some part of the group’s activity. Carelessness or mistakes (in lay terms), or negligence or contract breach (to lawyers) are part and parcel of the daily grind, but an asserted `breach of fiduciary duty` carries much more sinister overtones.