Description

ABOUT THE WEBINAR

Four essential questions have emerged from recent case law governing fiduciaries. The questions raised form a composite inquiry into fiduciary regulation. Firstly, is there a shift in the fiduciary paradigm? The courts have shown an eagerness to test the boundaries of the fiduciary status, both in expanding and withdrawing the status for different appointments. Secondly, is there an expansion of fiduciary duties beyond the “no-conflict” and “no-profit” duties? Thirdly, what is the “irreducible core” – if any – of fiduciary obligations? I suggest that fiduciary duties can be classified into “selflessness oriented” and “competence oriented” duties, with the former constituting the “irreducible core”. Lastly, what are the exceptions to the “non-intervention” principle? The courts normally accord a wide margin of appreciation to a fiduciary’s exercise of discretion. Besides the “breach of fiduciary duty” exception, I suggest that equity can draw inspiration from administrative law in the regulation of public officials.

ABOUT THE SPEAKER

Weiming is a Lecturer at the National University of Singapore. He obtained his degrees from King’s College London and the University of Oxford. His research interests lie broadly in commercial chancery law, including equity, trusts, insolvency law, fiduciary regulation, and remedies. His work is published in leading journals including the Modern Law Review, Journal of Equity, Trust Law International, Journal of Business Law, and Civil Justice Quarterly. In addition, his work on the fiduciary’s duty of care was recently cited by the High Court of Singapore.

PROGRAMME