Corporacion Nacional del Cobre de Chile v Sogemin Metals Ltd and Others
| Jurisdiction | England & Wales |
| Judge | Carnwath J. |
| Judgment Date | 18 November 1996 |
| Date | 18 November 1996 |
| Court | Chancery Division |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
9 cases
-
Standard Chartered Bank v Pakistan National Shipping Corporation (No. 4) (Reduction of Damages)
...so-called "intentional" torts: Alliance & Leicester Building Society v. Edgestop [1993] 1 WLR 1462 (Mummery, J.) (deceit), Corp. Nacional etc. v. Sogemin Metals [1997] 1 W.L.R. 1396 (Carnwath J.) (conspiracy and bribery), and Nationwide B.S. v. Thimbleby [1999] Ll. L.R. 359 (Blackburne, J.)......
-
Standard Chartered Bank v Pakistan National Shipping Corporation and Others
...Ltd [1993] 1 WLR 1462 that there is no common law defence of contributory negligence. (See also Carnwath J in Corporacion Nacional del Cobre de Chile v Sogemin Metals Ltd [1997] 1 WLR 1396 and Blackburn J in Nationwide Building Society v Thimbleby & Co [1999] Lloyd's Rep PN 359). It follows......
-
Nationwide Building Society (Plaintiff) v Thimbleby & Company
...does not stand alone. It was considered and followed by Carnwath J in Corporacion Nacionale del Cobre de Chile v Sogemin Metals Limited [1997] 1 WLR 1396 (" Sogemin") . 58 Mr Davidson submitted, however, that Mummery J's decision in Edgestop is wrong and that Carnwath J should not have foll......
-
Sphere Drake Insurance Ltd v Euro International Underwriting Ltd and Others
...he suffered flowing from the breach." 96 However, SCB contended, on the basis of the judgment of Carnwarth J in Corporacion National del Cobre de Chile v Sogemin Metals Limited [1997] 2 All ER 917 that a defence was available where the claimant was the author of his own misfortune. Carnwart......
Request a trial to view additional results
2 firm's commentaries
-
International Fraud & Asset Tracing (3rd Edition), England & Wales
...the defence of contributory negligence will not be open to the defendant (Corporacion National del Cobre de Chile v Sogemin Metals Ltd [1997] 1 WLR 1396). However, when it comes to assessing the measure of damages, the law will take account of whether the principal would have entered into t......
-
Hedge Fund Fraud: An English Law Perspective On The Potential Exposure Of Prime Brokers
...EWCA Civ 595. 16 See also the Court of Appeal's comments in Mbasogo v Logo Ltd (No 1) [2006] EWCA Civ 1370. 17 [1995] 3 All ER 918. 18 [1997] 1 WLR 1396. 19 [2003] EWHC 1319 20 Prudential Assurance Co Ltd v Newman Industries Ltd (No 2) [1982] 1 All ER 354, CA. Th e shareholder will require ......
3 books & journal articles
-
VITIATING FACTORS IN CONTRACT LAW — THE INTERACTION OF THEORY AND PRACTICE
...3 WLR 1051 at 1075. 102 [1994] 2 All ER 38. Reference may also be made to Corporatión National del Cobre de Chile v Sogemin Metals Ltd[1997] 1 WLR 1396. 103 See the Contributory Negligence and Personal Injuries Act (Cap 54, 1989 Rev Ed). 104 (1881) 20 ChD 1. 105 [1994] 2 All ER 38 at 50—51.......
-
Remedies for Breach of Trust
...n 1 above at [135].85 Canson Enterprises n 32 above, 554 per McLachlin J; Corporación Nacional del Cobre de Chile vSogeminMetals Ltd [1997] 1 WLR 1396, 1403. It has been suggested that if contributory negligence wererelevant it would have been included within the scope of section 61 of the ......
-
Equity and Trust
...The analysis taken by Lai J also differs from the decision of Carnwath J in Corporation National del Cobre de Chile v Sogemin Metals Ltd[1997] 1 WLR 1396 which did not seem to have been cited to the court. In this case, Carnwath J struck out paragraphs of a defence to a claim for accessory ......