Abstract/Summary

Comments on the Supreme Court ruling in FHR European Ventures LLP v Cedar Capital Partners LLC on whether a principal's remedy against a fiduciary who accepts a secret commission or bribe in breach of fiduciary duty, is proprietary. Reviews key features of the ruling, the position of personal disgorgement claims, and the issues not decided by the court, including the theoretical justifications for creating a property right. Explains the need for further litigation to clarify unresolved matters.