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The motor finance litigation and the structure of fiduciary law

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Whayman, D. ORCID: https://orcid.org/0000-0003-1026-5646 (2026) The motor finance litigation and the structure of fiduciary law. Journal of Business Law. ISSN 0021-9460 (In Press)

Abstract/Summary

This article concerns the structure of fiduciary law as affirmed or developed by Hopcraft v Close Brothers Ltd [2025] UKSC 33, [2025] 3 WLR 423, particularly the need for the putative fiduciary to make an undertaking of “single-minded loyalty” for fiduciary duties to arise. Practically, it is connected to the ultimate question of when fiduciary duties arise. Doctrinally, it is argued to be a foundational principle and an inevitable consequence of the law’s development. The article also examines the other principles Hopcraft set down which inform the content of the undertaking.

Item Type Article
URI https://centaur.reading.ac.uk/id/eprint/130024
Refereed Yes
Divisions Arts, Humanities and Social Science > School of Law
Uncontrolled Keywords Motor Finance Fiduciary duties Intermediaries Undertakings Assumption of responsibility
Publisher Sweet & Maxwell
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