Events List. Poetry Of The Week: Touchscreen! (The Truth About Our "i" Society.. Today's Reality Of Technology) Ndition v Warranty. Boardman v Phipps. Boardman v Phipps [1966] UKHL 2 is a landmark English trusts law case concerning the duty of loyalty and the duty to avoid conflicts of interest. Facts[edit] Mr Tom Boardman was the solicitor of a family trust.[1] The trust assets include a 27% holding in a company (a textile company with factories in Coventry, Nuneaton and in Australia through a subsidiary). Boardman was concerned about the accounts of the company, and thought that to protect the trust a majority shareholding is required. He and a beneficiary, Tom Phipps, went to a shareholders' general meeting of the company.
They realised together that they could turn the company around. They suggested to a trustee (Mr Fox) that it would be desirable to acquire a majority shareholding, but Fox said it was completely out of the question for the trustees to do so. Judgment[edit] High Court[edit] Wilberforce J held that Boardman was liable to pay for his breach of the duty of loyalty, but that he could be paid for his services. UK case law.
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