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United Kingdom
Leading Case
uncategorized
Lister & Co v Stubbs
(1890) 45 Ch D 1 (CA)
Key Principle
A fiduciary who receives a bribe or secret commission does not hold it on constructive trust for the principal; the relationship is one of debtor and creditor, so the principal has only a personal claim to an equivalent sum, not a proprietary interest in the bribe or its traceable proceeds.
Area of Law
e
Related Cases
Oxley v Hiscock [2004] EWCA Civ 546; [2005] Fam 211; [2004] 3 WLR 715; [2004] 3 All ER 703; [2004] WTLR 709
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