Skip to main content

Research Repository

Advanced Search

Browse


Do constructive trusts deter disloyalty? (2018)
Journal Article
Hicks, A. D. (2018). Do constructive trusts deter disloyalty?. Northern Ireland Legal Quarterly, 69(2), 147-173

Constructive trusts of disloyal fiduciary gain often are justified by the argument of deterrence. For there to be effective deterrence two conditions must be satisfied: first, potentially disloyal fiduciaries must be sufficiently informed, directly o... Read More about Do constructive trusts deter disloyalty?.

Proprietary relief in Boardman v Phipps (2014)
Journal Article
Hicks, A. (2014). Proprietary relief in Boardman v Phipps. Northern Ireland Legal Quarterly, 65(1), 1-21

The extent to which acquisitive breaches of fiduciary obligation trigger a constructive trust remains one of the most difficult and controversial issues in equity and the law of restitution.