ABSTRACT
This case note comments on the recent UKSC case Rukhadze v Recovery Partners GP Ltd, wherein the Appellants sought to challenge the no-profit rule in favour of a but-for test in account of profit claims against fiduciaries. It considers contested aspects of the judgment, including the relevance of but-for causation in fiduciary law, the basis of fiduciary liability (ie the primary duty and secondary duty divide in an account of profits), the role of deterrence in account of profits, and further makes observations regarding equity’s relationship with the Companies Act 2006.
Zehra, Anushay and Wong, Zhen Qi, A duty to what? A closer account of Rukhadze, Company Lawyer 2025, 46(8), 277-284.
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