- Explained — Tulip Trading Limited (a Seychelles company) v Wladimir Jasper van der Laan & Ors. 2023-02-03
“… is subject to them that he is a fiduciary.” As explained by Sales J in F & C Alternative Investments (Holdings) Ltd v Barthelemy (No.2) [2011] EWHC 1731 (Ch), [2012] Ch 613 at paragraph 225, fiduciary obligations are “imposed by law as a reaction to particular circumstances of responsibility assumed by one person in respect of the…”
- Cited — Darya Belsner v Cam Legal Services Limited 2022-10-27
“…ractual relationship in respect of some only of his contractual obligations: see, for example, F & C Alternative Investments (Holdings) Ltd v Barthelemy (No 2) [2012] Ch 613, especially at paras 212-216 and 223 per Sales J (as he then was). This is only one of the situations in which a fiduciary duty may arise. It is important to e…”
- Cited — Mark Faulkner & Ors v Vollin Holdings Limited & Ors 2022-10-21
“…gson JA’s judgment in Macquarie, together with the dicta of Morgan J in Berkeley were referred to by Sales J in F&C Alternative Investments v Barthelemy (No.2) [2012] Ch 613 (“F&C”). The case concerned a commercial joint venture between two individual members and a corporate member (Holdings) of a limited liability partnership (LLP…”
- Cited — Ukraine v The Law Debenture Trust Corporation Plc (Rev 1) 2018-09-14
“…ontractual obligation whose performance was being prevented. That was illustrated by F&C Alternative Investments Ltd v Barthelemy (No 2) [2011] EWHC 1731 (Ch); [2012] Ch 613 at [267]-[268] per Sales J. The principle was that, in a tripartite contract, there is an implied term that A will not prevent performance by B of a contractua…”
- Cited — Ukraine v The Law Debenture Trust Corporation Plc (Rev 1) 2018-09-14
“…nto the Trust Deed or the Agency Agreement. Ukraine sought to rely on the decision in F&C Alternative Investments Ltd v Barthelemy(No 2) [2011] EWHC 1731 (Ch); [2012] Ch 613 (which concerned a tripartite contract where Sales J held, on the particular terms of the contract, there was an implied term that A would not prevent performa…”