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18 July 2014
Issue: 7615 / Categories: Case law , Law reports , In Court
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Fiduciary

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Novoship (UK) Ltd and others v Nikitin and others [2014] EWCA Civ 908, [2014] All ER (D) 63 (Jul)

Where a claim based on equitable wrongdoing was made against one who was not a fiduciary, as in the case of a fiduciary sued for breach of an equitable (but non-fiduciary) obligation, there was no reason why the common law rules of causation, remoteness and measure of damages should not be applied by analogy. Those rules did not apply to the case of a fiduciary sued for breach of a fiduciary duty, but that was because the two cases were different. The remedy of an account of profits was available against one who dishonestly assisted a fiduciary to breach his fiduciary obligations, even if that breach did not involve a misapplication of trust property.

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