An interest in the avoidance of an obligation is as much a material interest as an interest in making a gain. Salter J said: ‘As was pointed out by Lindley LJ in Nutton v Wilson [(1889) 22 QBD 744, 748] the object of sections of this kind is ‘to prevent the conflict between interest and duty that might otherwise inevitably arise.’ An ‘interest’ within the meaning of the section must, I agree, be something more than a sentimental interest, such as arises from the natural love and affection of a man for his son; it must be a pecuniary or, at least, a material interest; but I do not see on what principle it must necessarily be a pecuniary advantage, because, if a public man is likely to suffer pecuniary loss by his interest in any particular contract, his judgment is as likely to be deflected as where he is obtaining a pecuniary advantage from it.’
Judges:
Salter J, Roche J
Citations:
[1920] 2 KB 636
Jurisdiction:
England and Wales
Cited by:
Cited – Wheatley and Another v The Commissioner of Police of the British Virgin Islands PC 4-May-2006
(The British Virgin Islands) The defendants appealed against convictions for theft and misconduct. Being civil servants they had entered in to contract with companies in which they had interests. . .
Lists of cited by and citing cases may be incomplete.
Administrative
Updated: 09 December 2022; Ref: scu.241543
