- Explained — Floreat Investment Management Limited v Benjamin Churchill & Ors 2023-04-25
“…ts undertook unlimited fiduciary duties to the Fund. As explained in cases such as Bristol & West Building Society v Mothew [1998] 1 Ch 1 and Al Nehayan v Kent [2018] EWHC 333 (Comm), [2018] 1 CLC 216, outside established categories of fiduciary relationship, the existence of fiduciary duties depends upon an agreement to act in the interest…”
- Applied — Quantum Advisory Limited v Quantum Actuarial LLP 2023-01-19
“…e case that the judge was using the term “relational contract” in the sense described by Leggatt LJ in Sheikh Tahnoon Bin Saeed Bin Shakhboot Al Nehayan v Kent [2018] EWHC 333 (Comm) at [167], such that a duty of good faith might be implied, there is no special rule that allows a different approach to interpretation to be applied to relatio…”
- Cited — Mark Faulkner & Ors v Vollin Holdings Limited & Ors 2022-10-21
“… Corp Ltd [2013] 1 All ER (Comm) 1321 (“Yam Seng”), and the decision of Leggatt LJ (as he had become, but still sitting in the High Court) in Al Nehayan v Kent [2018] EWHC 333 (Comm) (“Al Nehayan”).…”
- Explained — Candey Limited v Basem Bosheh & Anor 2022-08-01
“…t. That explains why relational contracts feature heavily in chapter 11 of Hewitt on Joint Ventures, 7th edition. In Sheikh Tahnoon Shakhboot Al Nehayan v Kent [2018] EWHC 333 (Comm) at [167] Leggatt LJ (as he then was) refined what he was looking for:…”
- Cited — Secretariat Consulting PTE Ltd & Ors v A Company 2021-01-11
“…the agent and his principal. It is exceptional for fiduciary duties to arise other than in those settled categories: see Leggatt LJ in Sheikh Al Nehayan v Kent [2018] EWHC 333 (Comm) at [157]. Whilst fiduciary duties may exist outside such established categories, the task of determining when they do is not straightforward because there is n…”