Article: Let The Agent Beware.(Imageview Management Ltd. v Kevin Jack)

It has long been established that an agent cannot place himself in a position where his own interests conflict with those of his principal, and that that an agent cannot profit at the expense of his principal. But what is the risk where an agent has a private separate arrangement by which he may make a profit for himself which is collateral to his fiduciary duty to his principal?

This was the argument put forward by the defence in Imageview Management v Jack [2009] EWCA Civ 63. The Court of Appeal's decision highlights the stringency of an agent's duties.

The Facts The facts are simple. Mr Jack, Trinidad's international goalkeeper, entered into an agency ...

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