“…h 82 address the fact that Tulip’s case involves the imposition of a positive duty (to introduce a software patch), acknowledging that Attorney General v Blake [1998] Ch 439 did not exclude the possibility of the court requiring a fiduciary to perform positive steps. The positive duties alleged by Tulip are held to go well beyond t…”
“…l in relation to applications to seal Royal wills and a range of other matters is to represent the public interest (see, for example, Attorney-General v. Blake [1998] Ch 439 per Lord Woolf MR at page 459G, and Brown v. The Executors of the Queen Mother’s Estate [2008] 1 WLR 2327 (Brown) at [37] per Lord Phillips CJ). It has not bee…”
“…ntiality was a fiduciary duty of an equal status to that imposed by a solicitor-client retainer, relying on what Lord Woolf MR said in Attorney-General v Blake [1998] Ch 439 at 454E-H and extra-judicial observations by Lord Millett in an article in the Law Quarterly Review: Equity’s place in the law of commerce (1998) 114 LQR 214.…”