Podcast Location:
Download it here [file size: 48.3 MB]
Categories:
Corporate & Commercial Law
Litigation & Dispute Resolution
Fraud, Financial Crime & Anti-Money Laundering
Commercial Property
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This CPDcast provides a detailed overview of the FHR European Ventures LLP v Cedar Capital Partners LLC case. It discusses the background to the case; the earlier decisions; the legal principles involved; the case law considered; and the final decision reached by the Supreme Court.

Outcomes:
After completing the course you will:
  • Understand the facts of the case and have considerable awareness of the positions taken by the two sides;
  • Appreciate the requirements of fiduciary relationships and the duty owed by an agent;
  • Have a strong knowledge of the rules which have been applied in previous cases;
  • Know how the Supreme Court approached the matter and what case law it referred to;
  • Understand the position on bribes and secret commissions in relation to fiduciary relationships;
  • Have considered the complexities of the case and the differences between the two methods of payment discussed;
  • Recognise the implications for future cases where bribes and secret commissions have occurred.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legislative Updates
Market Update / Hot Topic
Sources and References:
  • AG for Hong Kong v Reid [1993] UKPC 2;
  • FHR European Ventures LLP v Cedar Capital Partners LLC [2014] UKSC 45 ;
  • Keech v Sandford [1726] EWHC Ch J76;
  • Lister & Co v Stubbs (1890) 45 Ch D 1;
  • Metropolitan Bank v Heiron (1880) 5 Ex D 319;
  • Mothew (t/a Stapley & Co) v Bristol & West Building Society [1996] EWCA Civ 533;
  • Regal (Hastings) Ltd v Gulliver [1942] UKHL 1;
  • Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd [2011] EWCA Civ 347;
  • Tyrrell v Bank of London (1862) 10 H.L. Cas. 26, HL.
Tags:

In this CPDcast David Smith from Anthony Gold discusses the FHR European Ventures LLP v Cedar Capital Partners LLC case, with particular focus on the decision of the Supreme Court, the key arguments in the case and the related case law.

Date Recorded: 6th August 2014

TRANSCRIPT INCLUDED IN ADDITIONAL MATERIALS

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