Restitution Discussion Group Archives
| Sender: |
Lionel Smith |
| Date: |
Thu, 4 Oct 2001 15:03:55 -0400 |
| Re: |
Disgorgement & company law |
CMS
DOLPHIN LIMITED v SIMONET (23 May 2001, L Collins J) is a fairly typical
case of leaving the company and trying to take the customers along. It
is interesting for a discussion of how to deal with the situation where
the gain is made not by the breaching fiduciary but by a company he controls
(paras 98-105, accepting effectively knowing assistance and also knowing
receipt as grounds for the gain-based claim against the company). Also,
the last section (called Remedies ...) covers some details of the taking
of the account, considers election, and also reveals that the judge would
have applied Blake (for breach of the contract of employment) had he thought
it necessary.
Lionel
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