Swain v Law Society [1983]

Law Society negotiated compulsory insurance scheme for
all sols.
Kept commission on policy and applied it for purposes
of profession.
Plaintiff, solicitor, objected to scheme and claimed
Society must account for the commission as profit made out of a fiduciary position.
House of Lords found in favour of Society.
No fiduciary relationship.
Society acting in public capacity.
Private law concepts such as accountability and breach
of trust did not apply.