ABSTRACT
Courts have frequently lamented the burdens imposed on them by mega-litigation and have complained of their powerlessness in the face of litigants who, for whatever reason, decide to press on notwithstanding huge and often disproportionate costs burdens. There are a number of approaches that may be adopted when attempting to measure the true cost of trust. The private and public cost of the litigation in these cases, dishonest breach of fiduciary duty may disentitle a fiduciary from claiming due allowance for the skill and expertise they exerted in making a secret profit or unauthorised gain. Organisations and businesses that suffer legal consequences of a failure to manage different types of social and legal relationships of trust in commerce have the potential to incur significant financial and non-financial costs. Breach of the social relationship in trust can happen in non-digital and digital economies.
