Wednesday, 29 July 2020

UK: Supreme Court decision: the fiduciary position of the members of charitable companies

The Supreme Court gave judgment today in Lehtimaki v Cooper [2020] UKSC 33: see here or here (pdf). A summary of the judgment is available here (pdf). The court held, amongst other things, that members of charitable companies owed fiduciary duties but, in contrast to the position adopted by the Court of Appeal, these did not apply to every exercise of a power to act. A summary of the decision was given by Lady Arden in the following video recording:

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