Remedies

Supreme Court finds lender could not recover damages from negligent accountants where loss avoided by borrower’s repayment

The Supreme Court has held that the loss suffered by a lender due to its accountants' breach of duty was extinguished when the loan was repaid by the borrower. It unanimously allowed an appeal against the majority judgment of the … Continue reading

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Filed under Remedies

The Marathon decision – is it right that employees can unlawfully remove confidential documents and not pay damages?

The High Court has recently considered the approach to assessing "licence fee damages" in a claim against two former employees of Marathon Asset Management, James Seddon and Luke Bridgeman, who breached their duties of confidence by unlawfully removing approximately 40,000 … Continue reading

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Filed under Confidentiality, Remedies

Court of Appeal allows claim for “loss of a chance” damages where claimant failed to establish causation on a balance of probabilities

In a claim for inducing a breach of contract, the Court of Appeal held that a football agent could claim damages for the lost chance of earning commission on a player's transfer, even though he could not establish that he … Continue reading

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Filed under Contract, Remedies

Court of Appeal finds party confined to contractual remedy for breach of contract

The Court of Appeal has upheld a decision that a buyer under a long term gas sale agreement was confined to the contractual remedy of "Default Gas" and could not also pursue a claim in damages for the sellers' failure … Continue reading

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Filed under Contract, Remedies

High Court finds LLP member’s profit share can be forfeited for breach of fiduciary duty

On an appeal from an arbitration award, the High Court found that a profit share payable to a member of an LLP was capable of being subject to forfeiture where the member was found to have breached his fiduciary duties … Continue reading

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Court of Appeal finds innocent party could not affirm contract following repudiatory breach where defaulting party unable (not just unwilling) to perform

The Court of Appeal has upheld a decision that a party was not entitled to keep a contract alive for the purpose of claiming ongoing liquidated damages for delayed performance following its counterparty’s repudiatory breach: MSC Mediterranean Shipping Company S.A. … Continue reading

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Filed under Contract, Remedies

Supreme Court decision highlights importance of contract terms in protecting principal from agent’s insolvency

The Supreme Court has held that a principal was entitled to recover payments collected by its agent on its behalf following the agent's insolvency: Bailey and another (Respondents) v Angove's PTY Limited (Appellant) [2016] UKSC 47. The Supreme Court dismissed … Continue reading

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Filed under Contract, Miscellaneous, Remedies

Court of Appeal finds subsequent events should not be taken into account to reduce defrauded claimant’s damages

The Court of Appeal has held that a defrauded purchaser's damages should not be reduced on the basis that, as matters transpired, the purchaser was not as badly off as a result of the fraud as might have been expected … Continue reading

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Filed under Fraud, Remedies

Court of Appeal confirms claimants entitled to only £250 damages having successfully mitigated own loss

The Court of Appeal has upheld an award of only £250 in damages for the defendant solicitors' failure to identify a relevant planning restriction affecting a residential property purchased by the claimants, where that was the cost of the claimants' … Continue reading

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Filed under Remedies

Article published on the new rule on penalties under English law

Much interest has been generated by the Supreme Court's decision in Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Limited v Beavis [2015] UKSC 67, which introduced a new test for when a contractual provision will be considered penal and therefore unenforceable. David Nitek and Maura McIntosh … Continue reading

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Filed under Announcements, Contract, Remedies