Source: All England Reporter
Publisher Citation: [2001] All ER (D) 189 (May)
Court: Chancery Division
Judge:

Patten J

Representation Geoffrey Vos QC, David Foxton and Adam Robb (instructed by Freshfields Bruckhaus Deringer) for C.
  Michael Briggs QC and Hugh Tomlinson (instructed by Harbottle & Lewis) for Marlborough UK.
  Michael Lyndon-Stanford and Mark Cunningham (instructed by Allen & Overy) for Marlborough Liechenstein.
Judgment Dates: 15 May 2001

Catchwords

Fiduciary relationship - Purchaser of goods - Duty to account to vendor - Application for summary judgment - Agreement between purchaser and artist prior to 1958 - Agreement terminated - Relationship between parties continuing - Whether relationship of fiduciary nature - Whether purchaser liable to account for profits to vendor - Whether triable issue - CPR Pt 3.4, 24.

The Case

On the evidence in the instant case, there was a triable issue as to the existence of a fiduciary relationship between Francis Bacon and the defendants. It was a matter for trial as to whether such a relationship existed and if so, whether it was abused. Accordingly the applications to strike out or dismiss the action failed and would be dismissed.

Practice Areas

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