Secret Commissions: Unauthorised profits – an update

University of Greenwich | Property Law Journal | September 2014 #324
Mark Pawlowski looks at a landmark ruling on how an agent who has taken advantage of a bribe or received a secret commission in breach of their fiduciary duties holds the amount received ‘So, what has been the subject of judicial and academic controversy for over two centuries has now, at last, been authoritatively put …

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Secret Commissions: Unauthorised profits

University of Greenwich and Aston University | Property Law Journal | February 2013 #304
Mark Pawlowski and James Brown consider a recent ruling on proprietary relief for a secret commission acquired by an agent for securing the purchase of a property The difficulty confronting future courts will be to identify which situations fall within the opportunity category identified in Sinclair and which fall outside it. It is trite law …

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Equitable Tracing: Proprietary base needed?

Coventry University | Trusts and Estates Law & Tax Journal | January/February 2012 #133
In the first of two articles, Sukhninder Panesar discusses different approaches to equitable tracing in light of the Court of Appeal decision in Sinclair ‘Until the decision of the Privy Council in AG for Hong Kong v Reid [1994], English law had argued that the right to assert equitable ownership over unauthorised gains in the …

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