What does Fiduciary mean? In legal practice, a fiduciary is a person or entity who undertakes to act for, and in the interests of, another, creating a relationship of trust and confidence that requires loyalty and selflessness. The scope and incidents of fiduciary duty are principally defined by case law in England & Wales and Northern Ireland and are closely aligned in Ireland; Scots law recognises equivalent fiduciary obligations notwithstanding its different doctrinal foundations. Some duties are partly codified for company directors (Companies Act 2006 (UK) and Companies Act 2014 (Ireland)), but fiduciary is otherwise a descriptive expression used across contexts. Core fiduciary duties...
Read More
The Trusts and Succession (Scotland) Act 2024 received Royal Assent on 30 January 2024, signalling the first significant overhaul of Scottish trust law in more than a century since the Trusts (Scotland) Act 1921. The trust provisions still require secondary legislation from the Scottish Ministers before full commencement, whereas the succession elements took effect on 30 April 2024. The headline reforms aimed at modernisation are outlined in News Analysis: Trusts and Succession (Scotland) Bill passed. Practice Notes addressing Scottish trusts and succession will be updated further to reflect this new legislation...
Scottish trust law differs from the English law of trusts in several notable respects, though Scots law has absorbed certain English concepts and terminology. A concise overview of the historical foundations of the Scots law of trust may aid understanding. In Scotland, trust law embraces both administrative and property aspects, aligning with civilian legal systems. In common with many such systems, Scots law has never acknowledged a doctrine of legal...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...