A claim for equitable compensation for breach of fiduciary duty by a solicitor will fail where the claimant cannot establish loss resulting from the breach, even where the breach is established. Equity may refuse relief by applying the statutory limitation period by analogy where the equitable claim is essentially based on the same facts as would found a common law claim for breach of contract or negligence. Equitable compensation does not extend to general damages for emotional harm or vexation and distress.
The full text is available to signed-in members.