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United Kingdom breach of fiduciary dutyaccount of profitsno profit rule

Recovery Partners GB Ltd v Rukhadze

[2018] EWHC 2918 (Comm)
JurisdictionUnited Kingdom
CourtHigh Court of Justice, Commercial Court (Queen's Bench Division)
Year2018
StatusPersuasive authority

Key Principle

A fiduciary who, in breach of the duty of loyalty, diverts a maturing business opportunity from his principal must account for the profits earned, and the strict 'no-profit' rule applies irrespective of whether the principal could itself have exploited the opportunity, subject to the court's discretion to grant an equitable allowance for the fiduciary's skill and effort.

Area of Law

General

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