In a recent post on our Construction Notes blog, James Doe and Noe Minamikata consider the decision of the English Court of Appeal in Secretariat Consulting PTE Ltd, Secretariat International UK Ltd and Secretariat Advisors LLC v A Company [2021] EWCA Civ 6, in which the Court dismissed an appeal against an order of the Technology and Construction Court which had restrained a global expert consultancy firm from acting in an arbitration due to breach of fiduciary duty of loyalty to the client.
The Court of Appeal concluded that while an expert may owe a fiduciary duty to the client, in this case it was not necessary to consider this point, as the expert firm in question owed a contractual duty to its client to avoid conflicts of interest.
James and Noe analyse the judgment, highlighting the key points that arise out of the decision.
The full post can be read here.
For more information, please contact James Doe, Partner, Noe Minamikata, Professional Support Lawyer, or your usual Herbert Smith Freehills contact.
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