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Kelly v Cooper and Another

Weekly Law Reports The Law Reports The Times Law Reports Cited authorities 6 Cited in 191 Precedent Map Related
Vincent
JurisdictionUK Non-devolved
Judgment Date19 October 1992
CourtPrivy Council
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155 cases
  • Asic v Citigroup Global Markets Australia Pty Ltd (Acn 113 114 832) (No. 4)
    • Australia
    • Federal Court
    • Invalid date
  • Rossetti Marketing Ltd and Another v Diamond Sofa Company Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 17 July 2012
    ...18A-B. To the same effect, and more specifically to the present case, Lord Browne-Wilkinson, giving the judgment of the Privy Council in Kelly v Cooper [1993] AC 205, 214D, said that 'it is normally said that it is a breach of an agent's duty to act for competing principals'. 21 After the h......
  • Första Ap-Fonden v Bank of New York Mellon SA/NV and Others
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 16 October 2013
    ...basis. The fact that an agency relationship existed between BNYM as lending agent and AP as lender does not change the analysis ( Kelly v Cooper [1993] AC 205 at 213H-214A, Lord Browne-Wilkinson). 179 BNYM denies that it owed any fiduciary duties to AP, and contends that the terms of the co......
  • Yuen Chow Hin and Another v ERA Realty Network Pte Ltd
    • Singapore
    • High Court (Singapore)
    • 5 February 2009
    ...15 In his written submissions Mr Loo referred me to the Privy Council case of Horace Brenton Kelly v Margot Cooper and Another [1993] 1 AC 205. The principle against acting in conflict of interests is a principle of law. Whether the circumstances of a given case amount to a conflict of inte......
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19 books & journal articles
  • Can Complex Contracts Effectively Replace Bankruptcy Principles? Why Interpretation Matters.
    • United States
    • American Bankruptcy Law Journal Vol. 92 No. 4, September 2018
    • 22 September 2018
    ...Law Commission, FIDUCIARY DUTIES AND INVESTMENT INTERMEDIARIES [paragraph] 3.29, at 40; [paragraph] 3.37-3.40, at 43-45; Kelly v Cooper [1993] AC 205, at (95) Armitage v. Nurse [1998] Ch 241. (96) Id. at 251 ("By consciously acting beyond their powers (as, for example, by making an investme......
  • Credit Advisers, Consumer Credit and Equitable Fiduciary Obligations
    • United Kingdom
    • Federal Law Review No. 47-1, March 2019
    • 1 March 2019
    ...5 defines ‘commission’ to include ‘any financial or otherbenefit in the nature of a commission’.118. Ibid s 113(2)(f).119. Kelly v Cooper [1993] AC 205, 215 (the Board).120. There may be any number of conflicted reasons why the agent may select Provider D. For example, theagent may desire t......
  • Table of cases
    • Canada
    • Irwin Books Bank and Customer Law in Canada. Second Edition
    • 19 June 2013
    ...321 Kelly v. Canadian Pacific R. Co. (1915), 25 D.L.R. 79 (B.C.C.A.) ...................... 293 Kelly v. Cooper, [1993] A.C. 205 (P.C.) .............................................................. 206 Kelly v. Solari (1841), 9 M. & W. 54, 152 E.R. 24 (Exch. Ch.) ................................
  • Lecture
    • Singapore
    • Singapore Academy of Law Journal No. 2019, December 2019
    • 1 December 2019
    ...Duties and Regulatory Rules (Law Com No 236) (Cm 3049, 1995) at para 1.12. The decisions of the courts, especially Kelly v Cooper [1993] AC 205, are discussed at paras 3.1–3.41. 87 See n 80 above. 88 Law Commission, Family Law: The Ground for Divorce (Law Com No 192) (Cm 636, 1990). 89 This......
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