Walsh v Shanahan & Ors

Walsh v Shanahan & Ors

The agency relationship and fiduciary duties ended upon the appellant's withdrawal from the purchase; only a duty of confidence remained. The breach of confidence did not warrant an account of profits, and damages assessed by reference to professional fees paid were the just response.

Parties
Appellant: Matthew Patrick Walsh; Respondent: John Joseph Shanahan; Respondent: James Leonard; Respondent: SLH Properties Limited
Jurisdiction
England and Wales
Judgment Date
25 April 2013
Procedural Posture
Civil Appeal / Judgment on Substantive Appeal
Outcome
appeal dismissed
Legal Topics
Breach of Confidence, Fiduciary Duty, Remedies, Account of Profits, Damages
Equity Tort Agency Law Breach of Confidence Fiduciary Duty Remedies Account of Profits Damages

Case Brief

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Parties

Matthew Patrick Walsh

Appellant

John Joseph Shanahan

Respondent

James Leonard

Respondent

SLH Properties Limited

Respondent

Procedural Posture

Civil Appeal / Judgment on Substantive Appeal

Legal Issues

  1. 1 Whether the respondents owed a fiduciary duty to the appellant after termination of agency
  2. 2 Whether the appellant was entitled to an account of profits or damages for breach of confidence

Ratio Decidendi

The agency relationship and fiduciary duties ended upon the appellant's withdrawal from the purchase; only a duty of confidence remained. The breach of confidence did not warrant an account of profits, and damages assessed by reference to professional fees paid were the just response.

Court Disposition

appeal dismissed

Orders

  • Appellant not entitled to account of profits; damages award upheld
  • No disturbance of judge's order as to remedy