Graham and Russell, ‘Fiduciary relations in a commercial setting’

“In the Earl of Oxford’s Case Ellesmere C explained the reason for the court of Chancery: ‘[…] that men’s actions are so diverse and infinite that it is impossible to make a general law which may aptly meet with every particular and not fail in some circumstances. The office of the chancellor is to correct men’s conscience for frauds, breaches of trust, wrongs and oppressions of what nature soever they be, and to soften and mollify the extremity of the law’. It is the height of irony that courts which originated to provide an escape from the defects of the common law should become bedevilled by procedural defects of their own, highlighted by Dickens in Bleak House …”

Toby Graham and David Russell AM QC, Fiduciary relations in a commercial setting, Trusts and Trustees, volume 28, issue 4, May 2022, pages 248-259, Published 18 May.

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