One of Arnot Manderson’s junior counsel, Fergus Whyte recently spoke at the Faculty of Advocates’ 21st Century Bar Conference. Fergus, who qualified in 2020 having been a commercial litigator in New Zealand for a number of years, looked at Commonwealth case law on the question of whether commercial joint venturers can be said to owe each other fiduciary duties. This is a potentially significant area given the high standards of conduct that fiduciaries are typically held to. After examining cases from New Zealand, Australia and England & Wales, he suggested that there is nothing barring such a claim from arising in Scots law. Fergus did, however, note that some of the underlying common law concepts raised might prove more challenging to translate into a Scots law context.
A copy of Fergus’ slides from the event are available here. Fergus is also working on a piece that will explore these issues in more detail which he hopes to publish in the new year.
If you wish to contact Fergus about this talk or inquire about instructing him then please contact the Arnot Manderson clerks.