Julius Grower, ‘The overlap of equity and contract’

“In Secretariat Consulting Pte Ltd v A Company [2021] EWCA Civ 6; [2021] 4 WLR 20, the Court of Appeal was faced with the ‘novel and potentially significant’ question of whether an expert witness can owe a fiduciary duty to their client (see at [2]). Coulson LJ, Males LJ, and Carr LJ responded to it in the affirmative. Yet that was not the point upon which any of their judgments turned. Proceedings were disposed of by reference to a contract which existed between the parties. That contract contained a no-conflict-of-interest clause which replicated the primary rights and duties the litigants would have held/owed had they shared a fiduciary relationship. Beyond supporting an extension to the scope of liability for fiduciary misfeasance in the professional advisory context, then, the judges’ holdings raise interesting questions about the overlap of equity and contract, both as a matter of primary and secondary obligations …”

€ (Westlaw)

Julius AW Grower, ‘The overlap of equity and contract’ (2021) 137 Law Quarterly Review (Oct) 573.

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