Fraud does not ravel all: A Case Note on <i>Hotel Portfolio II UK Ltd v Stevens</i> [2025] UKSC 28

Abstract In this case, the Supreme Court held that a person who had dishonestly assisted a director in making and then dissipating unauthorised profits was liable to pay equitable compensation in a sum equivalent to the profits, even though the dishonest scheme as a whole had caused the company no loss. The decision contains an analysis of the nature of a constructive trust of unauthorised profits, further consideration of the remedy of equitable compensation, and the first-ever detailed examination of the principle that a trustee may not set off gains and losses arising out of multiple breaches of trust.

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Publication Details

Journal
Trusts & Trustees
Published
2026-02-22
DOI
https://doi.org/10.1093/tandt/ttag015
Primary Topic
Legal principles and applications
Type
article
Field-Weighted Citation Impact
0.00
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article

Fraud does not ravel all: A Case Note on Hotel Portfolio II UK Ltd v Stevens [2025] UKSC 28

Sebastian Kokelaar
Trusts & Trustees
Legal principles and applications
article

Fraud does not ravel all: A Case Note on Hotel Portfolio II UK Ltd v Stevens [2025] UKSC 28

Sebastian Kokelaar
article en

Abstract

Abstract In this case, the Supreme Court held that a person who had dishonestly assisted a director in making and then dissipating unauthorised profits was liable to pay equitable compensation in a sum equivalent to the profits, even though the dishonest scheme as a whole had caused the company no loss. The decision contains an analysis of the nature of a constructive trust of unauthorised profits, further consideration of the remedy of equitable compensation, and the first-ever detailed examination of the principle that a trustee may not set off gains and losses arising out of multiple breaches of trust.

Trusts & Trustees
Peace, Justice and strong institutions
Openalex Percentile: Top 18%
Legal principles and applications
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Fraud does not ravel all: A Case Note on <i>Hotel Portfolio II UK Ltd v Stevens</i> [2025] UKSC 28 — Sebastian Kokelaar · Trusts & Trustees (2026) | TGRS Research Map | TGRS