The Law Reports (Queen's Bench Division)
[2021] QB 1
Court of Appeal
FM Capital Partners Ltd v Marino and others
[2020] EWCA Civ 245
2020 Jan 28; Feb 26
Irwin, Simler LJJ, Sir Jack Beatson
Restitution— Tort— Bribery— Defendant directors of claimant company receiving commissions from bank— Claimant bringing claim for breach of fiduciary duty, dishonest assistance and bribery— Second defendant settling claims against him before matter coming to trial— Trial of remaining claims split into two phases— First defendant found to be liable in first phase— Claimant electing account of profits and restitution of bribes— Claimant giving credit for sums recovered from second defendant by allocating bulk of monies recovered to second phase— Whether recoveries from settling defendant relevant to obligation to make restitution for receipt of bribes— Whether claimant having choice of how recoveries to be allocated