header-logo header-logo

17 May 2007
Issue: 7273 / Categories: Case law , Law digest
printer mail-detail

Agency

Hurstanger Ltd v Wilson [2007] EWCA Civ 299, [2007] All ER (D) 66 (Apr)

The case concerned disclosure of commission being paid to an agent.

Held The burden of proving full disclosure that the agent is to receive commission from a third party lies on the agent. It is not sufficient for him merely to disclose that he has an interest or to make such statements as would put the principal on inquiry; nor is it a defence to prove that, had he asked for permission, it would have been given.

Whether or not there has been sufficient disclosure depends on the facts of the case given that the requirement is for the principal’s informed consent to his agent acting with a potential conflict of interest. In the case of a consumer credit agreement, a statement of the amount which the broker is to receive from the lender is necessary to bring home to the borrower the potential conflict of interest.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Mark Hastings, Quillon Law

NLJ Career Profile: Mark Hastings, Quillon Law

Mark Hastings, founding partner of Quillon Law, on turning dreams into reality and pushing back on preconceptions about partnership

Kingsley Napley—Silvia Devecchi

Kingsley Napley—Silvia Devecchi

New family law partner for Italian and international clients appointed

Mishcon de Reya—Susannah Kintish

Mishcon de Reya—Susannah Kintish

Firm elects new chair of tier 1 ranked employment department

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll