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Success in the Commercial Court: Reflective Loss and Joinder

Ben Quiney KC leading Carlo Taczalski and Jason Evans-Tovey successfully resist the joinder of their respective clients to Commercial Court proceedings for an alleged multi-million pound civil fraud and conspiracy to cause loss by unlawful means.

In his judgment, Males J dealt with the following matters, in that he: 1) confirms the narrow scope of the Giles v Rhind exception to the reflective loss principles; 2) considers and applies the law of tender and pledge; 3) reaffirms that the well-known approach in Ballinger applies to applications to join a new party as well as to applications to add a new cause of action; and 4) emphasises that credible material is required to plead serious allegations like fraud, dishonesty, conspiracy and bribery – client instructions on central elements of the case are not good enough.

For the full judgment, please click the link below:

St Vincent General European General Partner Limited v Robinson & ors  [2018] 1230 EWHC (Comm)

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