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.
Authors
- Sebastian Kokelaar
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