- Cited — Hotel Portfolio II UK Limited (In Liquidation) & Anor v Andrew Joseph Ruhan & Anor 2023-10-04
“…view, though, requires reassessment in the light of the decision of the Supreme Court in FHR European Ventures LLP v Cedar Capital Partners LLC [2014] UKSC 45, [2015] AC 250 (“FHR”). It was there held that an agent who receives a bribe or secret commission holds it on his trust for the principal. The Supreme Court appears, however,…”
- Cited — Kenneth Davies v Stephen Ford & Ors. 2023-02-17
“… Davies’ case in two leading authorities which are not really about knowing receipt at all. The first is FHR European Ventures LLP v Mankarious [2014] UKSC 45, [2015] AC 250 (“FHR”), affirming on different grounds the decision of the Court of Appeal at [2013] EWCA Civ 17, [2014] Ch 1. The second is the decision of this court in the…”
- Cited — Tulip Trading Limited (a Seychelles company) v Wladimir Jasper van der Laan & Ors. 2023-02-03
“…Millett LJ’s test has often been cited with approval, including by the Supreme Court in FHR European Ventures LLP v Cedar Capital Partners LLC [2014] UKSC 45, [2015] AC 250, at paragraph 5 and, more recently, in Children's Investment Fund Foundation (UK) v Attorney General and others (also referred to as Lehtimaki v Cooper) [2020]…”
- Cited — Parr v Keystone Healthcare Ltd & Ors 2019-07-16
“…unt of the bribe or commission; but the principal also has a proprietary interest in it: FHR European Ventures LLP v Cedar Capital Partners LLC [2014] UKSC 45, [2015] AC 250. The fact that the money has been paid by a third party to whom no fiduciary duty is owed makes no difference.…”
- Cited — The Crown Prosecution Service v Aquila Advisory Ltd 2019-04-09
“…uence of that breach of duty is that the company has a proprietary claim to the £4.55m based on a constructive trust: see FHR European Ventures LLP v Makarious [2015] AC 250 (“FHR”). Their case, as I mentioned earlier, is that the fraud of Mr Faichney and Mr Perrin should be attributed to VTL so as to engage the ex turpi causa prin…”
- Cited — Medsted Associates Ltd v Canaccord Genuity Wealth (International) Ltd 2019-02-06
“…“objectionable as they inevitably tend to undermine trust in the commercial world” (see FHR European Ventures LLP vMankarious [2015] AC 250, para 42, per Lord Neuberger PSC), it can be said that the court should not assist Medsted to recover its secret commission. On the other hand, Collins Stewart…”
- Applied — The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd 2018-05-17
“…mon law and the principles of equity as between those jurisdictions in which they apply (FHR European Ventures LLP v Cedar Capital Partners LLC [2014] UKSC 45; [2015] AC 250 at [45]) there are nevertheless areas in which different common law systems diverge. One recent example may be found in Makdessi itself in which the Supreme Co…”
- Cited — Farrar v Miller 2018-02-14
“…[2015] AC 250 at [47]. A constructive trust of the…”