“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)
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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.
First posted 2022-01-17 13:00:43
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