PETROTRADE INC. AND OTHERS v. SMITH AND OTHERS

[2000] 1 Lloyd's Rep. 486

QUEEN’S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice David Steel

Port agency - Vicarious liability - Constructive trust - Secret commission - Claim that second defendant in return for appointment as port agent for vessels nominated by claimant paid claimant’s former operation’s manager secret commission - Whether payments bribes - Whether second defendants vicariously liable for activities of their employees in making arrangements - Whether vicariously liable under Belgian law - Whether second defendants could be regarded as constructive trustees.