The Law Reports (Chancery Division)
[2014] Ch 1
Court of Appeal
FHR European Ventures LLP and others v Mankarious and others
[2013] EWCA Civ 17
2012 Nov 21,
22;
2013 Jan 29
Sir Terence Etherton C, Pill, Lewison LJJ
Agency— Fiduciary duty— Secret commission— Agent acting for purchasers in negotiations for purchase of hotel— Agent receiving secret commission from vendor following sale of hotel— Agent liable to account to purchasers for commission— Whether agent holding commission sum on constructive trust for purchasers on basis that it had exploited opportunity which purchasers would otherwise have had— Whether constructive trust arising only where possible to identify some form of beneficial ownership of opportunity