“…ls had in mind a claim for loss. It is now clear, however, that a dishonest assistant can be held liable for personal profit. In Ultraframe (UK) Ltd v Fielding [2005] EWHC 1638 (Ch), Lewison J concluded that compensation is not the only remedy available against a dishonest assistant, but that a dishonest assistant could be ordered to accou…”
“…Next I refer to the conclusion reached by Lewison J (as he then was) in Ultraframe(UK) Ltd v Fielding [2005] EWHC 1638 (Ch). That was a case about dishonest assistance and breach of fiduciary duty. After hearing full argument and addressing a Canadian case which went the other way (…”
“…there must be “some reasonable connection between the breach of duty and the profits for which the fiduciary is accountable.” In Ultraframe (UK) Ltd v Fielding [2005] EWHC 1638 (Ch), [2007] WTLR 835 at [1588] I said that there must be a “reasonable relationship” between the breach of duty and the profit for which an account is ordered.…”
“…chnically insolvent”, it was as the director knew “in a dangerous financial position”. Lewison J adopted Park J’s formulation in Ultraframe (UK) Ltd v Fielding [2005] EWHC 1638 (Ch) at [1304], again with the support of the same authorities.…”