In our article entitled “Pricing the Promise” of 10 November 2017 [The article can be found here], we anticipated the decision of the Court of Appeal in the Fiona Trust litigation. The Court of Appeal has since handed down its judgment (SCF Tankers Ltd & Ors v Privalov & Ors [2017] EWCA Civ 1877 (21 November 2017)) reinforcing the points we made in our article andsuggesting that a Claimant will usually find it very hard to argue on causation, mitigation and remoteness, and illustrates the courts’ approach on these issues.
Causation, mitigation and remoteness: cross-undertakings and the Court of Appeal