||All England Reporter
|| All ER (D) 68 (Apr)
||Alan Green (instructed by Sherman Phillips) for the claimants.
||Siward Atkins (instructed by Guy Clapham) for the first defendant.
||6 April 2001
Equity - Fiduciary duty - Breach of duty - Fiduciary duty owed by adviser - Claimant alleging first defendant advising him to enter into guarantee - Whether breach of fiduciary duty.
In a situation where a fiduciary dealt with his principal he had to prove affirmatively that the transaction in question was fair and that in the course of the negotiations he made full disclosure of all facts material to the transaction.
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