I have looked through my notes for the exact quote from the Law Commission about clause 4, which I shall read out as the hon. Gentleman has expressed concern about the issue. It states that the ““necessary relationship”” of a position of trust"““will be present between trustee and beneficiary, director and company, professional person and client, agent and principal, employee and employer, or between partners. It may arise otherwise, for example within a family, or in the context of voluntary work, or in any context where the parties are not at arm’s length. In nearly all cases where it arises, it will be recognised by the civil law as importing fiduciary duties, and any relationship that is so recognised will suffice””."
But—and this is important—it states:"““We see no reason, however, why the existence of such duties should be essential.””"
In other words, the Law Commission has set out the type of relationships in which a position of trust might arise.
Fraud Bill [Lords]
Proceeding contribution from
Mike O'Brien
(Labour)
in the House of Commons on Monday, 12 June 2006.
It occurred during Debate on bills on Fraud Bill [HL].
Type
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Reference
447 c558 
Session
2005-06
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