Alex C.H. Yeung and Jason Fee, of University of Oxford – Harris Manchester College and University of Oxford – Merton College, respectively, will make available for download their article, Limiting the Fiduciary’s Account of Profits: But-for Causation?, in 26 Trusts & Trustees (Forthcoming). The abstract is as followed:
In an account of profits for breach of fiduciary duty, courts have understandably required some form of nexus between the breach and the gains to be disgorged, but have otherwise struggled to articulate a precise test. In the recent case of UVJ v UVH, the Singapore Court of Appeal broke new ground by requiring but-for causation, apparently branching off from the Anglo-Australian jurisprudence which advocates a more liberal approach to causation. While the but-for test is practically appealing as a technique well known to various areas of law, this article seeks to assess the normative justifications for such a bold move, in view of the attendant issues of deterrence, the unique policy of fiduciary law, and the juridical nature of an account of profits.
To see the full article, click: “Limiting the Fiduciary’s Account of Profits: But-for Causation?” by Alex C.H. Yeung and Jason Fee.