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In the case of (1) Secretariat Consulting Pte Ltd, (2) Secretariat International UK Ltd, (3) Secretariat Advisors LLC v A Company [2021] EWCA Civ 6, the Court of Appeal upheld the decision of the Technology and Construction Court in A Company v (1) X, (2) Y, 3 (Z) [2020] EWHC 809 (TCC) on different grounds. The Court of Appeal found that although an expert may owe fiduciary duties, including a duty to avoid conflicts of interest and a duty of loyalty, there was an express contractual provision on conflicts which was breached.
Facts
In our alert on 17 April 2020, we visited the case of A Company v (1) X, (2) Y, 3 (Z) [2020] EWHC 809 (TCC) wherein we discussed the judgment that Justice O Farrell handed down on 3 April 2020. The case involved a claim by the owner (
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