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Hendersons - Barristers' Chambers
News 18th Aug 2011

Commission and fiduciary duties: Hurstanger Ltd v Wilson distinguished

A broker was held not to be the borrower fiduciary and the lender could pay it a commission without disclosing the amount of it to the borrower. In his judgment in Sealey and Winfield v (1) (2) GE Money Secured Loans, HHJ Jarman QC distinguished the Court of Appeal decision in Hurstanger Ltd v Wilson.

William Hibbert of Henderson Chambers represented the lender GE Money.

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