KB-2025-001160 - [2025] EWHC 2369 (KB)

Mr Oudkerk complained that no attempt has been made in the POC to identify any profits made by Mr Wheeler. Secondly, the required causal connection between any breach of fiduciary duty and any unauthorised profits – “sufficient connection” with the fiduciary relationship (see Recovery Partners GP Ltd v Rukhadze [2025] 2 WLR 529) - “is not satisfied”.

There is nothing in these points, at least for the purposes of summary disposal. The purpose of an account of profits is that the defendant gives an account of the profits made as a result of the breach of fiduciary duty. If Mr Wheeler requires particulars, these can be requested by him. So it would not be proportionate to strike out the claim for this remedy on the basis that it was insufficiently particularised. The issue of “sufficient connection” is one for trial, to be determined on the basis of the whole of the evidence.