UCL CLP: Equitable Compensation for Breach of Fiduciary Duty
Thursday, February 7, 2013 at 6:00 PM (GMT)
London, United Kingdom
CURRENT LEGAL PROBLEMS LECTURE SERIES 2012-13
Professor Charles Mitchell
on Thursday 7 February 2013, from 6-7pm
UCL Law Faculty
Bentham House, Endsleigh Gardens
London WC1H 0EG
Accredited with 1 CPD hour by the
Solicitors Regulation Authority and the Bar Standards Board (Pending)
About this lecture:
‘Equity, in the exercise of its exclusive jurisdiction over trustees and fiduciaries … does not award compensation for loss.’ So wrote Lord Millett in 2005. Yet in recent years his words have been roundly ignored in courts throughout the Commonwealth. Awards of equitable compensation, or even ‘damages’, for breach of fiduciary duty are frequently made, and claims for such a remedy are the everyday work of Chancery and commercial practitioners. The lecture will review this development and consider a series of questions: what idea of fiduciary duty actuated the rule that compensation was not available for breach of this duty; now that compensation is available, what are the consequences of this for our understanding of the duty and the other remedies available for its breach; how are compensatory awards for breach of fiduciary duty assessed; and what defences can be raised in answer to claims for such a remedy?
About the speaker:
Charles Mitchell became a Professor of Law at University College London in 2010. He was formerly a Professor of Law at King’s College London, and then a Fellow and Tutor in Law at Jesus College, Oxford, and a Professor of Law at Oxford University. His main research interests are the law of unjust enrichment and the law of trusts and equitable remedies.
His publications include The Law of Contribution and Reimbursement (OUP, 2003); Subrogation: Law and Practice (OUP, 2007) (with Stephen Watterson); Hayton and Mitchell: Commentary and Cases on the Law of Trusts and Equitable Remedies 13th edn (Sweet & Maxwell, 2010); Underhill and Hayton: Law Relating to Trusts and Trustees 18th edn (LexisNexis Butterworths, 2010) (with David Hayton and Paul Matthews); and Goff and Jones: The Law of Unjust Enrichment 8th edn (Sweet & Maxwell, 2011) (with Paul Mitchell and Stephen Watterson).
He has also edited many collections of essays, including Landmark Cases in the Law of Restitution (Hart, 2006) (with Paul Mitchell); Philosophical Foundations of the Law of Unjust Enrichment (OUP, 2009) (with Robert Chambers and James Penner); Constructive and Resulting Trusts (Hart, 2010); Landmark Cases in Equity (Hart, 2012) (with Paul Mitchell); Restitution of Overpaid Tax (Hart, 2013) (with Steven Elliott and Birke Häcker); and The Restatement Third: Restitution and Unjust Enrichment - Comparative and Critical Essays (Hart, 2013) (with William Swadling).
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