Remedies

Court of Appeal upholds order for payment of US$70 million under cross-undertaking in damages

The Court of Appeal has confirmed the court’s approach to issues of causation where a defendant applies to enforce a cross-undertaking in damages: SCF Tankers Ltd (formerly Fiona Trust & Holding Corp) v Privalov [2017] EWCA Civ 1877. A party … Continue reading

Leave a Comment

Filed under Injunctions, Remedies

Getting your just deserts: Remedies for breach of contract

Establishing that a counterparty is in breach of contract is only the first hurdle to obtaining proper redress. It is just as important for the innocent party to show that it has suffered a loss as a result of the … Continue reading

Leave a Comment

Filed under Contract, Remedies

Supreme Court clarifies principles for determining when benefits enjoyed by a claimant following a breach of contract will be treated as collateral

The Supreme Court has ruled that the owners of a ship that was redelivered early in breach of a charterparty did not have to give credit for the benefit they obtained by selling the vessel for a higher price upon … Continue reading

Leave a Comment

Filed under Contract, 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

Leave a Comment

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

Leave a Comment

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

Leave a Comment

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

Leave a Comment

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

Leave a Comment

Filed under Remedies

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

Leave a Comment

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

Leave a Comment

Filed under Contract, Miscellaneous, Remedies