Mr Reid, a Hong Kong prosecutor, accepted bribes and invested them in New Zealand properties. The Privy Council held that a fiduciary who accepts bribes holds them on constructive trust for the principal, overruling Lister v Stubbs. The principal can claim any increase in value of the bribe property. Facts...
A railway company's director, Thomas Blaikie, contracted on behalf of the company with his own firm for iron chairs. The House of Lords held that directors cannot enter contracts with companies they serve, as fiduciary duties prohibit conflicts between personal interest and duty to the company. Facts Thomas Blaikie was...
Senior employees of QBE’s British Marine unit covertly planned a rival P&I business with PRO, soliciting colleagues, misusing confidential information and courting brokers while still employed. The High Court found extensive breaches of fidelity, fiduciary and confidentiality duties, granted springboard injunctions and awarded substantial damages, although most non‑compete covenants were...
Mr Berezovsky claimed he was intimidated by Mr Abramovich into selling his interests in Russian oil company Sibneft at an undervalue through threats linked to the Putin regime. He also claimed Mr Abramovich breached fiduciary duties regarding aluminium company Rusal. The Court of Appeal largely upheld permission to amend pleadings...
Three customers claimed that commissions paid by finance lenders to motor dealers for arranging hire purchase agreements constituted bribes or breaches of fiduciary duty. The Supreme Court held that dealers in typical tripartite car finance transactions do not owe fiduciary duties to customers, dismissing the bribery and equity claims, but...
Mr Ruhan, a director of HPII, secretly purchased hotels from HPII through a nominee (Mr Stevens), resold them for £102m profit, then dissipated the funds. The Supreme Court held that a dishonest assistant in dissipating profits held on constructive trust is liable to compensate the beneficiary for the loss, even...
The appellants, former fiduciaries of the respondents, exploited a business opportunity obtained through their fiduciary positions to provide recovery services after resigning. The Supreme Court upheld the requirement to account for all profits made, rejecting arguments that a 'but for' causation test should apply to reduce accountability. The case affirms...
An elderly farmer charged his only asset, Yew Tree Farm, to secure his son's company debts after the bank manager visited without suggesting independent advice. The Court of Appeal set aside the guarantee and charge on grounds of undue influence, establishing that banks owe fiduciary duties when crossing from routine...
The appellant agreed to lease a salmon fishery from respondents, believing they owned it. In fact, the fishery belonged to the appellant himself under earlier settlements. The House of Lords held the agreement should be set aside for common mistake, but subject to the appellant compensating the respondents for improvements...