← All Authorities
United Kingdom Leading Case nature of fiduciary relationshipno conflict rule

Bristol and West Building Society v Mothew

[1998] Ch 1
JurisdictionUnited Kingdom
CourtCourt of Appeal (England and Wales)
Year1998
StatusBinding authority

Summary

Millett LJ defined a fiduciary as one who undertakes to act for another in circumstances of trust and confidence, with the core duty being loyalty.

Key Principle

Millett LJ defined a fiduciary as someone who has undertaken to act for or on behalf of another in circumstances giving rise to a relationship of trust and confidence; the core fiduciary duty is the duty of loyalty.

Area of Law

trusts

Related Cases

Thorne v Kennedy (2017) 263 CLR 85

Prenuptial agreements set aside for unconscionability and undue influence where inequality of bargaining power existed between the parties.

Kakavas v Crown Melbourne Ltd (2013) 250 CLR 392

A casino operator's mere knowledge of a patron's pathological gambling does not constitute unconscionable conduct absent deliberate exploitation of that special disadvantage.

Australian Competition and Consumer Commission v Lux Distributors Pty Ltd [2013] FCAFC 90

A supplier's high-pressure door-to-door sales tactics targeting elderly women constituted unconscionable conduct under the Australian Consumer Law.

Ask CommonBench about this case

Get a detailed analysis of Bristol and West Building Society v Mothew and how it applies to your situation.

Explain Bristol and West Building Soci...