“…ous to equate the term agent with the status of a fiduciary, citing in support a passage from the judgment of Asplin LJ in Prince Arthur Ikpechukwu Ezev Conway [2019] EWCA Civ 88 at [39], to which I return below. The breadth and uncertainty of the duties of agents to their principals makes the label “fiduciary” “extremely fact dependent…”
“…So also is the judgment of Asplin LJ in Prince Eze v Conway [2019] EWCA Civ 88, a decision of the same constitution delivered on the same day as Medsted. The claimant sought rescission of a contract to purchase a property on grounds that …”
“…ple in the context of secret commissions, where it has been said that the term “fiduciary” is used in a loose sense (e.g. Prince Arthur Ikpechukwu Eze v Conway [2019] EWCA Civ 88 at [42]), that usage runs the risk of emptying the term of meaning and creating a distraction from the real issue. That is equally true in the case of expert w…”