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Causation

No chinks in the chain of causation: liability for continuing loss and third party acts

Samantha Holland

Questions of causation are tricky for lawyers and highly fact dependent. This case is an example of how it can be difficult to change a tribunal’s finding on causation: St Shipping v Space Shipping. A charterer hired a vessel and sub-hired it on to a third party that intended, unlawfully, to export crude oil from Read More

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Breaking the chain: when breach is not the cause of loss

Michaela Widdowson-Kidd

By designing a hotel for twice the budget, Fosters breached the contract. But, this was not the reason the developer could not secure funding for the project and therefore Fosters was not liable for the developer’s lost profits: Riva v Foster + Partners. The developer engaged Fosters to design a hotel for £70 million pounds; Read More

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He shoots…he might have scored? Football and loss of chance damages.

Russell Butland

The Court of Appeal has held that a football agent could recover damages on a loss of chance basis from a rival agent and a football club, for inducing a player to breach an oral agency contract. Loss of chance damages are available where a claimant’s loss depends, not on what it would have done, Read More

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