David Lord KC and Stuart Cutting in Expert Tooling and Automation Ltd v ENGIE Power Ltd appeal

David Lord KC and Stuart Cutting appeared before the Court of Appeal on 29 & 30 January 2025 in the eagerly anticipated appeal in Expert Tooling and Automation Ltd v ENGIE Power Ltd.

This case is related to claims in relation to alleged half-secret commissions arising out of commercial energy contracts paid by the energy supplier to the energy broker used by the customer to secure an energy supply contract. With this presently being a topical area in relation to motor finance lenders following the Court of Appeal’s recent judgment in Johnston v FirstRand Bank Ltd [2024] EWCA Civ 1282, the appeal had to consider issues involving fiduciary duties (including the scope), informed consent, and accessory liability for breach of fiduciary duty (including whether the third party accessory had to be dishonest in procuring the broker’s breach of fiduciary duty and what the customer must show to establish dishonesty on the part of the third party accessory).

The Supreme Court hearing of the appeal in Johnston is listed in early April and it is hoped that the Court of Appeal will hand down judgment in Expert Tooling in time to allow the Supreme Court to consider it.

If you would like more information, please contact Justin Brown.