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17 May 2007
Issue: 7273 / Categories: Case law , Law digest
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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.

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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