header-logo header-logo

Agency

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

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: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll