But Al-Saraj instead set off an unenforceable debt that the seller of the property owed him, and also got a commission for arranging the sale.

A fiduciary may retain gains that are properly to be regarded as the product of his own skill and labour, rather than breach of duty.

Arden LJ said that because of the advances in evidence and civil procedure, there is no reason the courts are incapable of addressing what might have happened.

On the judge's findings, the sum of GBP 500,000 was treated as a cost of the acquisition in its entirety and was accordingly allowed as a deduction from the profits for which S was to account.

Therefore the cross appeal was allowed to the extent of the GBP 369,000 for the purpose of remitting to the judge for determination the question whether any claim to recover the commission paid to S in respect of the acquisition of the hotel was vested in D or M.