Sarah Worthington, ‘Fiduciaries Then and Now’

This article takes as its starting point three ground-breaking articles by Len Sealy in the 1960s, and examines their lasting impact on the modern law of fiduciaries. It includes a detailed consideration of the modern tendency to describe rather than define fiduciaries; it critiques the current readiness to merge fiduciaries with other power-holders, thus ignoring the significant differences between the duties of loyalty in issue in the two contexts; and finally it evaluates and defends the modern approach to fiduciary remedies, especially equitable compensation.

Sarah Worthington, Fiduciaries Then and Now, Cambridge Law Journal, volume 80, supplement S1: 1921–2021 Centenary Issue, September 2021, pp S154-S178, Published online by Cambridge University Press: 4 October 2021.

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