INTRODUCTION
Fiduciary duties are strictly enforced through a suite of equitable remedies, including an account of profits. The liability of third parties who participate in a breach of these duties is more ambivalent, not least because there is no direct relationship between the wronged party and the wrongdoer. It is uncontroversial that third parties are liable for damages or equitable compensation, but less certainty attends the nature and extent to which they are accountable for gains. It is settled law that a delinquent trustee and an accessory are jointly and severally liable in respect of losses arising from a breach of trust or fiduciary duty …
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Peter Devonshire, The disgorgement of gains by an accessory to a breach of fiduciary duty, King’s Law Journal. Published online: 14 March 2026.
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