Boardman v Phipps (1967) addresses whether individuals acting in a fiduciary capacity can profit from information gained during that role. The court held that even with good intentions, fiduciaries must account for any personal gains, affirming strict fiduciary obligations.
This case law note has been reviewed by a law tutor
🏛️ Court: House of Lords 🗓️ Judgment Date: 3 November 1966 🗂️ Where Reported: [1967] 2 A.C. 46; [1966] 3 W.L.R. 1009; [1966] 3 All E.R. 721 📍 Jurisdiction: United Kingdom
⚖️ Legal Principles
1️⃣
Constructive Trust: The court in Boardman v Phipps imposed a constructive trust over the profits made by the fiduciaries, requiring them to hold these profits for the benefit of the trust. This doctrine serves as a remedy to prevent unjust enrichment in breach of fiduciary duty cases.