“… that the commissions paid by CFBL to the broker were properly categorised as half-secret commissions of the type foundby this court in Hurstanger Ltd v Wilson [2007] EWCA Civ 299, [2007] 1 WLR 2351. If that were the case, the court would have a broad discretion as to the relief it should grant. In both cases, it was held that the commis…”
“…By contrast, he held that, in the case of a so-called half-secret payment, the decision of this court in Hurstanger Ltd v Wilson [2007] EWCA Civ 299, [2007] 1 WLR 2351 required there to be a fiduciary relationship. The basis for this difference is that halfdisclosure means that the payment is not, in law, a…”