Source: All England Reporter
Publisher Citation: [1998] All ER (D) 798
Court: Court of Appeal, Civil Division

Nourse, Schiemann and Brooke LJJ

Representation Philip Vallance QC and Angus McCullough (instructed by Park Nelson) for DH.
  Michael Kent QC, Catherine Newman QC and Andrew O'Connor (instructed by Bullivant Jones & Co) for M Ltd.
  Mark Hapgood QC and Michael Lazarus (instructed by Dibb Lupton Alsop, Birmingham) for S Ltd.
Judgment Dates: 21 December 1998


Equity - Equitable remedies - Fiduciary duty - Surveyor disclosing information to second defendant, without plaintiff's knowledge, that administrative receivers had been appointed over plaintiff's assets - Second defendant subsequently purchasing site for the purchase of which the plaintiff at the time of disclosure, though not at the time of purchase, had an option - Whether site held on constructive trust for plaintiff.

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