2/10/19
NATIXIS SA v MAREX FINANCIAL [2019] EWHC 2549 (Comm)
The claimant succeeded in a claim for damages for the defendant’s breach of contract in providing forged warehouse receipts in connection with repo transactions for the purchase of nickel. The court considered principles of common mistake [181], bailment [227], collateral contracts [251], estoppel [280], negligence [289], the impact of disclaimers [353], contributory negligence [445], the court’s approach to clauses negativing duties and liabilities [481], the reasonableness test under the Unfair Contract Terms Act 1977 [513] and mitigation [538].
31/1/19
ASSETCO v GRANT THORNTON LLP [2019] EWHC 150 (Comm)
Damages awarded for auditors’ breaches of duty. Considers “loss of a chance” principles in assessing damages, the recoverability of trading losses resulting from a pattern of dishonest conduct, whether benefits must be brought into account, contributory negligence and relief from liability under s1157 Companies Act 2006.
27/7/17
DEPARTMENT FOR COMMUNITIES AND LOCAL GOVERNMENT v BLACKMORE [2017] EWCA Civ 1136
Once contributory negligence has been established, in making its assessment the court has to take into account both the extent of the claimant's responsibility for his injury and damage and the blameworthiness of his conduct as opposed to that of the defendant in deciding on the reduction in damages that it was just and equitable. The appropriate reduction should be dealt with in a broad, common sense way.