Continue reading "Remoteness: The primrose path"
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Remoteness: The primrose path
Michael Ward reflects on recovery under cross-undertakings in freezing injunction cases ‘If Transfield Shipping applies to cross-undertakings in damages (CUD) inquiries, it would raise the possibility in some cases of a claimed loss being foreseeable under the orthodox approach but still ultimately irrecoverable on remoteness grounds.’Cross-undertakings in damages (CUDs) are given by an applicant for …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- C Czarnikow Ltd v Koufos [1967] UKHL 4
- Fiona Trust and Holding Corporation v Privalov [2016] EWHC 2163 (Comm)
- Hadley v Baxendale [1854] EWHC Exch J70
- Hone v Abbey Forwarding Ltd [2014] EWCA Civ 711
- Transfield Shipping Inc v Mercator Shipping Inc [2008] UKHL 48
- Wellesley Partners LLP v Withers LLP [2015] EWCA Civ 1146