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17 January 2014
Issue: 7590 / Categories: Case law , Law digest , In Court
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Agency

Gray v Smith and others [2013] EWHC 4136 (Comm), [2013] All ER (D) 237 (Dec)

It was settled law that, in respect of agency for an undisclosed principal, although the intention of one party communicated to the other was not usually relevant to the legal effect of a transaction, it was plain that that had to be a case where intention was relevant. If the agent intended to act for his own profit and not on the principal’s behalf, the principal could not intervene or be sued. Whether the agent so intended was a matter of evidence. The agent acquired legal title, albeit he had acted in breach of his contractual duty as agent, while the principle acquired an equitable interest, which the courts would recognise by imposing a constructive trust and, where necessary, requiring delivery up. The question of whether an equitable proprietary interest bound third parties was usually governed by the principle that a bona fide purchaser for value of a legal interest took free of the equitable proprietary interest. The doctrine of “notice” lay at

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

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Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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