Tag: commissions
Showing 11 out of 11 results
Banking Litigation Yearbook and broader Disputes Yearbook for 2024
Court of Appeal finds lenders liable in motor finance broker commission cases
High Court finds agent breached fiduciary duty in "half secret" commission case
Court of Appeal allows secret commissions claim to proceed as representative action on "opt out" basis
Court of Appeal determines that a fiduciary relationship is not a necessary pre-condition to relief in respect of an undisclosed commission paid to an agent
Court of Appeal clarifies requirements for establishing deliberate concealment to postpone limitation period
The Court of Appeal has found that a defendant creditor could not rely on a limitation defence to a borrower’s claim that its non-disclosure of a …
Court of Appeal gives guidance on scope of fiduciary duty in "secret commissions" case
The Court of Appeal has found that there was no breach of fiduciary duty where an introducing broker failed to inform its client investors of the amount …
High Court rejects unfair relationship claim concerning allegations of breach of an advisory duty, misrepresentation and efficacy of basis clauses
Carney & Ors v NM Rothschild & Sons Limited [2018] EWHC 958 (Comm) is a recent case where the High Court rejected claims of an unfair …
Broker breached fiduciary duty by not disclosing sum of commission received
The Court of Appeal has held that a credit broker was in a fiduciary relationship with borrowers, with the consequence that the broker breached its …
Supreme Court corrects "wrong turn" in English Law, holding that bribes received by an agent are held on trust for the principal
Who is the rightful owner of a bribe? Is a bribe or secret commission received by an agent “held on trust” for his principal? Or is the principal’s claim …
Clearing brokers' duties when exercising close out powers
In the current economic climate, brokers will find the decision of the High Court (UK) in Euroption of considerable interest, since it …