Fiduciary or Contractual? Experts' Duties and Conflicting Interests
By EsqSocial Corporation 18/01/21
In the case of (1) Secretariat Consulting Pte Ltd, (2) Secretariat International UK Ltd, (3) Secretariat Advisors LLC v A Company [2021] EWCA Civ 6, the Court of Appeal upheld the decision of the Technology and Construction Court in A Company v (1) X, (2) Y, 3 (Z) [2020] EWHC 809 (TCC) on different grounds. The Court of Appeal found that although an expert may owe fiduciary duties, including a duty to avoid conflicts of interest and a duty of loyalty, there was an express contractual provision...
By: White & Case LLP