Fiduciary Duties, Secret Profits, and the Illegality Defence: Crown Prosecution Service v Aquila Advisory Ltd [2021] UKSC 49

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Fiduciary Duties, Secret Profits, and the Illegality Defence Anita Purewal
Rights statement: This is a pre-copy-editing, author-produced PDF of an article accepted for publication in Trusts and Trustees following peer review. The definitive publisher-authenticated version Anita Purewal, Fiduciary Duties, Secret Profits, and the Illegality Defence: Crown Prosecution Service v Aquila Advisory Ltd [2021] UKSC 49, Trusts & Trustees, 2022 28, 2: 125-131, is available online at: https://academic.oup.com/tandt/article/28/2/125/6462590
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https://doi.org/10.1093/tandt/ttab105
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Fiduciary Duties, Secret Profits, and the Illegality Defence: Crown Prosecution Service v Aquila Advisory Ltd [2021] UKSC 49. / Purewal, Anita.
In: Trusts & Trustees , Vol. 28, No. 2, 31.03.2022, p. 125-131.

Research output: Contribution to Journal/Magazine › Journal article › peer-review

Bibtex

@article{2d9b3f170c4d45ba80809af21367a52b,

title = "Fiduciary Duties, Secret Profits, and the Illegality Defence: Crown Prosecution Service v Aquila Advisory Ltd [2021] UKSC 49",

abstract = "CPS v Aquila Advisory Ltd has provided a welcomed judgment on the application of the illegality defence in the context of secret profits accrued in breach of fiduciary duties. The judgment clarifies the priority to be given to constructive trusts over unauthorised fiduciary profits in the face of CPS confiscation orders, and examines the interrelationship between the rules of attribution and the application of the illegality defence today, namely whether a director{\textquoteright}s unlawful intention can be attributed to their company to prevent the company, on illegality grounds, from exercising a proprietary interest over the secret profits accrued.",

author = "Anita Purewal",

note = "This is a pre-copy-editing, author-produced PDF of an article accepted for publication in Trusts and Trustees following peer review. The definitive publisher-authenticated version Anita Purewal, Fiduciary Duties, Secret Profits, and the Illegality Defence: Crown Prosecution Service v Aquila Advisory Ltd [2021] UKSC 49, Trusts & Trustees, 2022 28, 2: 125-131, is available online at: https://academic.oup.com/tandt/article/28/2/125/6462590",

year = "2022",

month = mar,

day = "31",

doi = "10.1093/tandt/ttab105",

language = "English",

volume = "28",

pages = "125--131",

journal = "Trusts & Trustees ",

issn = "1363-1780",

publisher = "Oxford University Press",

number = "2",

}

RIS

TY - JOUR

T1 - Fiduciary Duties, Secret Profits, and the Illegality Defence: Crown Prosecution Service v Aquila Advisory Ltd [2021] UKSC 49

AU - Purewal, Anita

N1 - This is a pre-copy-editing, author-produced PDF of an article accepted for publication in Trusts and Trustees following peer review. The definitive publisher-authenticated version Anita Purewal, Fiduciary Duties, Secret Profits, and the Illegality Defence: Crown Prosecution Service v Aquila Advisory Ltd [2021] UKSC 49, Trusts & Trustees, 2022 28, 2: 125-131, is available online at: https://academic.oup.com/tandt/article/28/2/125/6462590

PY - 2022/3/31

Y1 - 2022/3/31

N2 - CPS v Aquila Advisory Ltd has provided a welcomed judgment on the application of the illegality defence in the context of secret profits accrued in breach of fiduciary duties. The judgment clarifies the priority to be given to constructive trusts over unauthorised fiduciary profits in the face of CPS confiscation orders, and examines the interrelationship between the rules of attribution and the application of the illegality defence today, namely whether a director’s unlawful intention can be attributed to their company to prevent the company, on illegality grounds, from exercising a proprietary interest over the secret profits accrued.

AB - CPS v Aquila Advisory Ltd has provided a welcomed judgment on the application of the illegality defence in the context of secret profits accrued in breach of fiduciary duties. The judgment clarifies the priority to be given to constructive trusts over unauthorised fiduciary profits in the face of CPS confiscation orders, and examines the interrelationship between the rules of attribution and the application of the illegality defence today, namely whether a director’s unlawful intention can be attributed to their company to prevent the company, on illegality grounds, from exercising a proprietary interest over the secret profits accrued.

U2 - 10.1093/tandt/ttab105

DO - 10.1093/tandt/ttab105

M3 - Journal article

VL - 28

SP - 125

EP - 131

JO - Trusts & Trustees

JF - Trusts & Trustees

SN - 1363-1780

IS - 2

ER -

Research

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Text available via DOI: