The UK Supreme Court’s decision in Stevens v. Hotel Portfolio II UK Ltd has clarified the liability of dishonest assistants in cases of breaches of a constructive trust of secret profits. It also provides helpful guidance on determining liability in cases of successive breaches of fiduciary duties, specifically in relation to the application of the compensatory principle and ‘but for’ test, and the availability (or lack thereof) of a right to set off gains against losses caused by the b...| On the Record
In the recent judgment in El-Khouri v. Government of the United States of America,[1] a case concerning the operation of the double criminality rule in the context of extradition, the UK Supreme Court made a seminal ruling on the extraterritorial limits of the Proceeds of Crime Act 2002 (POCA).| On the Record