Imageview Management Ltd v Jack
Court of Appeal
“An agent who made a secret deal with his principal’s employer breached his fiduciary duty to his principal, forfeited his agency fee and had to account for the secret profit.”
The Times, 24th March 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“A mobile phone airtime reseller did not have a legal duty to take network O2 to court on behalf of a company which had sold it its subscriber base, the High Court has said. The Court said the claim was based on a mistaken interpretation of a contract.”
OUT-LAW.com, 4th March 2009
Source: www.out-law.com
Imageview Management Ltd v Jack [2009] EWCA Civ 63; [2009] WLR (D) 56
“An agent when negotiating with another person on behalf of his principal breached the fiduciary duty which he owed to his principal if at the same time he made with the other person an undisclosed side deal for his own benefit and there were a real possibility of conflict of interest. In such a case the agent was required to account to the principal in respect of the secret commission so received and was not entitled to receive any agency fees from the principal.”
WLR Daily, 17th February 2009
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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