but for Test in UK Law
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The English Court of Appeal applies 'but for' test to "Force Majeure Clause" – FIDIC’s "Exceptional Events" now under threat?
International Construction Arbitration has received a shock. Consistent with the leading textbooks, a party seeking to rely on force majeure in a construction contract did not have to show that ‘bu...
- Business Interruption Insurance -The 'but for' test
- FIDIC, Force Majeure, Exceptional Events And The 'But For' Test
- The English Court Of Appeal Applies 'But For' Test To 'Force Majeure Clause' FIDIC's 'Exceptional Events' Now Under Threat?
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Court of Appeal decides that full losses flow from a second negligent valuation on a refinance regardless of whether the second loan is made by the existing lender
In Tiuta International Limited (in Liquidation) v. De Villiers Surveyors Limited [2016] EWCA Civ 661, the Court of Appeal allowed an application to set aside summary judgment after considering the ...... ... Civ 661, the Court of Appeal allowed an application to set aside summary judgment after considering the correct application of the "but for" test where a loan was used to repay an existing liability ... Facts of the case ... Around February 2011, Tiuta International Limited (in Liquidation) ... ...
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The Court of Appeal redefines the “but-for” causation test for negligence: Losses caused to a lender by a surveyor’s negligent property valuation on a refinancing were wholly recoverable.
In a landmark judgment with wide implications for the lending, refinancing and valuation industries, in Tiuta International Ltd (In liquidation) v De Villiers Surveyors Ltd [2016] EWCA Civ 661, the...
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Blog: FCA – business interruption insurance test case – judgment
On 15 September the High Court handed down its judgment in the Financial Conduct Authority’s COVID-19 business interruption insurance test case. While there are mixed results in relation to a large...
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Blog: The Supreme Court Takes up the Cause – The Judgment in the FCA COVID-19 Test Case on Business Interruption Insurance
On 15 January 2021, the Supreme Court handed down its judgment in the FCA COVID-19 test case, heard on a “leapfrog” appeal (bypassing the Court of Appeal) from the first instance decision of Lord J...
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