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EVENT: Secret commissions and unauthorised profits: the latest developments | Three Stone

Our September Commercial Litigation seminar took stock of the latest developments in the law relating to secret commissions and unauthorised profits:

  • The liability of fiduciaries (and those who dishonestly assist them) to account for profits made in breach of fiduciary duty. This has been thoroughly re-examined by the Supreme Court in the recent cases of Rukhadze v Recovery Partners GP Ltd [2025] UKSC 10 and Stevens v Hotel Portfolio II UK Ltd [2025] UKSC 28 in which Sebastian Kokelaar appeared for the respondent.
  • The liability that arises out of the payment of secret (and half-secret) commissions to a third-party intermediary/broker – the subject of two recent decisions: the very recent Supreme Court decision in Johnson v FirstRand [2025] UKSC 33, and Expert Tooling and Automation Ltd v Engie Power Ltd [2025] in which David Lord KC and Stuart Cutting appeared for the respondent. The appeal to the Supreme Court in Expert Tooling is still pending.

The seminar provided a comprehensive survey of the state of the law in these important areas and offered practical advice as to how to frame and defend claims.

The video and slides are now available to download. Please enter your details in the form below to access the material. If you have any questions, please get in touch with us.

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