“…It is plain that, on the Judge’s findings, Mr Ruhan breached the “self-dealing” rule. Megarry V-C expressed that rule in this way in Tito v Waddell (No. 2) [1977] Ch 106, at 241:…”
“…For GAM Mr Lowenstein submitted, relying on cases such as Cutter v Powell (1795) 6 TR 320 and, in more recent times, Tito v Waddell (No 2) [1977] Ch 106 at 297, Ministry of Sound (Ireland) Ltd v World Online Ltd [2003] EWHC 2178 (Ch), [2003]2 All ER (Comm) 823 at [52] and the Australian case of Sydney Attractio…”
“…that the courts construed the old section 26 in those cases led to the test departing so far from the language of the provision that, in Tito v Waddell (No. 2) [1977] Ch 106, Sir Robert Megarry V-C commented that:…”