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FHR European Ventures LLP v Cedar Capital Partners LLC
''FHR European Ventures LLP v Cedar Capital Partners LLC'' () (UKSC 45 ) is a landmark decision of the United Kingdom Supreme Court which holds that a bribe or secret commission accepted by an agent is held on trust for his principal. In so ruling, the Court overruled ''Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd'' (a decision of the Court of Appeal of England and Wales) in favour of ''Attorney General for Hong Kong v Reid'', a ruling from the Judicial Committee of the Privy Council.
==Facts==
In December 2004, FHR European Ventures LLP〔A joint venture of Fairmont Hotels, Kingdom Holding Company and the Bank of Scotland〕 purchased the issued share capital of Monte Carlo Grand Hotel SAM〔A Monegasque company〕 (which owned a long leasehold interest in the Monte Carlo Grand Hotel, located in Monte Carlo, Monaco) from Monte Carlo Grand Hotel Ltd〔A British Virgin Islands company〕 ("the Vendor") for €211.5m. Cedar Capital Partners LLC provided consultancy services to the hotel industry, and it had acted as the FHR's agent in negotiating the purchase. In September 2004, Cedar had also entered into an agreement with the Vendor which provided for the payment to Cedar of a €10m fee following a successful conclusion of the sale and purchase of the issued share capital of Monte Carlo Grand Hotel SAM. The Vendor paid Cedar €10m in January 2005. In November 2009 the claimants commenced an action for recovery of the sum of €10m from Cedar and other parties, claiming that because Cedar owed a fiduciary duty, it was not allowed to make a secret commission. Accordingly, FHR claimed that all profits were held on constructive trust.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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