Borealis AB v Geogas Trading SA
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE GROSS,Lord Justice Gross |
| Judgment Date | 09 November 2010 |
| Neutral Citation | [2010] EWHC 2789 (Comm) |
| Docket Number | Case No: 2008 FOLIO 482 |
| Court | Queen's Bench Division (Commercial Court) |
| Date | 09 November 2010 |
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42 cases
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Mr Amjad Rihan v Ernst & Young Global Ltd
...sued on as a cause. The accumulation of events may take place over time. 782 The defendants say Gross LJ's observation in Borealis AB v. Geogas Trading [2011] 1 Lloyds Rep 482, at [44] ff, approving a statement in the then current (19 th) edition of Clerk & Lindsell (“in order to comprise ......
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Mueller Europe Ltd v Central Roofing (south Wales) Ltd
...is or remains an effective cause is a question of fact. I gratefully adopt the summary of principle provided by Gross LJ in Borealis AB v Geogas Trading SA [2011] 1 Lloyds LR 482 at [43–47]. What emerges from his summary, and the authorities to which he referred, is that the question to be......
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Hi-Lite Electrical Ltd v Wolseley Uk Ltd Dab Pumps Spa (Third Party)
...the intervention foreseeable? Is the conduct of the third party wholly independent of the defendant…?" 205 As Gross LJ stated in Borealis AB v Geogas Trading SA [2010] EWHC 2789 at [42] to [47] the following principles can be derived from previous decisions in relation to causation: (1) Tha......
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Playboy Club London Ltd and Others v Banca Nazionale Del Lavoro Spa
...loss was caused by the customer's non-payment. 57 The test is whether a supervening cause obliterates the first cause: Borealis AB v Geogas Trading SA [2011] 1 Lloyd's Rep 482 per Gross LJ at paragraphs 44 and 104. One way of testing that is through the lens of scope of duty. The issue is w......
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3 firm's commentaries
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Commercial Contracts Bulletin - February 2014
...EWCA Civ 1702 The Court of Appeal recently used the five key principles detailed in the case of Borealis AB v Geogas Trading SA [2010] EWHC 2789 (Comm) to establish whether there had been a break in the chain of causation that resulted in a loss for one party to a contract. In the first ins......
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Chain of Causation: New Intervening Acts Revisited
...a contaminant had been introduced: the head of loss was not too remote to recover. Further reading: Borealis AB v Geogas Trading SA [2010] EWHC 2789 (Comm) This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to Law-......
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Commercial Court Reviews Law On Breaking The Chain Of Causation, Mitigation And Remoteness Of Damage
...AB v Geogas Trading SA [2010] EWHC 2789 (Comm) Dispute G sold a cargo of butane to B to be used as feedstock by B in its plastics production plant. The butane was contaminated with fluorides, which cracked during processing to form hydrofluoric acid, which in turn triggered a pH alarm at th......
2 books & journal articles
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CONTRACT LAW IN COMMONWEALTH COUNTRIES: UNIFORMITY OR DIVERGENCE?
...349; [2010] EWCA Civ 7 at [43]. See also The Amer Energy [2009] 1 Lloyd's Rep 293 at [17]–[18]; Borealis AB v Geogas Trading SA [2010] EWHC 2789 (Comm) at [48]; The Sylvia [2010] EWHC 542 (Comm); [2010] 2 Lloyd's Rep 81 at [40]–[48]; Ispat Indurstries Ltd v Western Bulk Pte Ltd [2011] EWHC ......
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CONTRACT DAMAGES AND THE PROMISEE'S ROLE IN ITS OWN LOSS.
...The Kelvin Shipping Co v The Canadian Pacific Railway Co 1928 SC (HL) 21, 26 (Viscount Haldane); Borealis AB v Geogas Trading SA [2011] 1 Lloyd's Rep 482, 488 [43] (Gross LJ) ('Borealis'). Cf Medlin (n 10) 22 (McHugh J). See also Bridge, 'Mitigation of Damages in Contract and the Meaning of......