Aaron Taylor, ‘Civil Claims for Secret Commissions’

“The civil law’s objection to bribery and undisclosed commissions is usually said to be a concern about abuse of position by an agent for his or her personal advantage, typically to the disadvantage of his or her principal (Industries and General Mortgage Co Ltd v Lewis [1949] 2 All ER 573, 575 (Slade J); Fiona Trust and Holding Corp v Privalov [2011] EWHC 715 (Comm), at [73]). In these circumstances, the agent is traditionally described as a fiduciary, and the receipt of a bribe of secret commission as a breach of fiduciary duty. Yet it is widely acknowledged that not every agent is a fiduciary (New Zealand Netherlands Society ‘Oranje’ Inc v Kuys [1973] 1 WLR 1126, 1129H) and that in any event the nature and scope of the duties owed by agents will vary according to the circumstances …” (more)

Aaron Taylor, ‘Civil Claims For Secret Commissions’, Cambridge Law Journal, volume 80, issue 3, November 2021, pp 452-456, https://doi.org/10.1017/S0008197321000970. Published online by Cambridge University Press: 12 January.

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