“…ciary; it is because he 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…”
“…e counterparty to the contractual 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 …”
“…ggested implied terms into 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 p…”