Proprietary remedy confirmed for bribes and secret commissions

Whayman, D. ORCID: https://orcid.org/0000-0003-1026-5646 (2014) Proprietary remedy confirmed for bribes and secret commissions. The Conveyancer and Property Lawyer (6). pp. 518-525. ISSN 0010-8200

Abstract/Summary

Comments on the Supreme Court ruling in FHR European Ventures LLP v Cedar Capital Partners LLC on whether a principal's remedy against a fiduciary who accepts a secret commission or bribe in breach of fiduciary duty, is proprietary. Reviews key features of the ruling, the position of personal disgorgement claims, and the issues not decided by the court, including the theoretical justifications for creating a property right. Explains the need for further litigation to clarify unresolved matters.

Item Type	Article
URI	https://reading-clone.eprints-hosting.org/id/eprint/117604
Refereed	Yes
Divisions	No Reading authors. Back catalogue items Arts, Humanities and Social Science > School of Law
Publisher	Sweet and Maxwell
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