Siubhan Macdonald

Ruling confirms correct test for claims against fiduciaries to recover unauthorised profits connected with their role The UK Supreme Court, in the recent case of , decided that the equitable duty on fiduciaries (such as trustees and directors) to "account" to their principals for any profits made in connection with their capacity as a fiduciary is to be applied strictly.

Further developments are expected this year following reclarification of the rules of privilege in 2024 The law of legal professional privilege in England and Wales had a busy year in 2024. Long-standing "rules" were overturned. There were unsuccessful attempts to expand some forms of privilege, alongside the restriction and restatement of others. All of which has built anticipation of what this year will bring.

A ruling has cast doubt on the justification for a long-standing principle of the law of privilege against shareholders The "rule" that a company cannot assert privilege against its shareholders unless the documents relate to litigation between the parties (the "shareholder principle") has been a useful tool for litigating shareholders and companies alike: allowing shareholders access to company documents that would not otherwise be available to them, and allowing companies in dispute with...