A pleading alleging knowing participation in breach of fiduciary duty ([name withheld] v [name withheld] second limb) must identify the specific nature of the fiduciary obligation, particularise the breach of that obligation as distinct from any contractual breach, and plead the third party's knowing involvement in that specific breach. Where consent declarations have characterised a transaction as a sale creating a debt rather than an agency, the scope for asserting a fiduciary relationship is significantly narrowed, though not necessarily precluded. Consent declarations should be given a narrow construction, going no further than absolutely necessary.
The full text is available to signed-in members, including the 1 later case that cites this judgment.