- Cited — Hotel Portfolio II UK Limited (In Liquidation) & Anor v Andrew Joseph Ruhan & Anor 2023-10-04
“…ciary’s duty not to place themselves in a position where their interest and duty conflict, by dealing with the company in their own interest: Boardman v Phipps [1967] 2 AC 46 and Regal (Hastings) Ltd v Gulliver [1967] 2 AC 134; and…”
- Cited — Recovery Partners GP Limited & Anor. v Irakli Rukhadze & Ors. 2023-03-21
“…deterrent effect, and to ensure that no defaulting fiduciary can make a profit from his breach of duty, echoing the opinion of Lord Hodson in Boardman v Phipps [1967] 2 AC 46 at p.105D that “[i]t is obviously of importance to maintain the proposition in all cases and to do nothing to whittle away its scope or the absolute responsibi…”
- Cited — Kenneth Davies v Stephen Ford & Ors. 2023-02-17
“…as the directors only knew of the contractual opportunity by virtue of their directorships. In Phipps v Boardman [1964] 1 WLR 993 (affirmed [1965] Ch 1992, and [1967] 2 AC 46), where agents of certain trustees purchased shares, in circumstances where they only had that opportunity because they were agents, Wilberforce J held that th…”
- Cited — Lifestyle Equities C.V. & Anor v Ahmed & Anor 2021-05-07
“… Ahmeds and so (citing My Kinda Town v Soll [1983] RPC 15 at p58) they should not be required to account for them. Reference was also made to Phipps v Boardman [1967] 2 AC 46 on the footing that if the salaries could be regarded as profits then a fair, liberal, allowance for the labour involved should be made and on the facts that w…”
- Cited — Eze v Conway & Anor 2019-02-06
“…ction in question and the relevant circumstances. The enquiry is inevitably extremely fact sensitive. This was acknowledged by Lord Upjohn in Boardman v Phipps [1967] 2 AC 46 at 127 which was quoted in the passage from Bowstead and Reynolds on Agency 21st ed at 6-037 to which we were referred. He stated:…”