Smith New Court Securities Ltd v Scrimgeour Vickers (Asset Management) Ltd and Another

JurisdictionEngland & Wales
JudgeNourse,Rose,Hoffmann L JJ.
Judgment Date17 February 1994
Date17 February 1994
CourtCourt of Appeal (Civil Division)
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32 cases
  • Macquarie International Investments Ltd v Glencore UK Ltd (No 2)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 21 June 2010
    ...... [2010] EWCA Civ 697 Mr Justice Andrew Smith . Before: The Master of the Rolls . Lord ... Case No: A3/2009/2301 COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM ... . 6 Another company which will feature in the narrative is ... Subsidiary (excluding Corona Power Management Limited) the draft audited balance sheet of that ... The Exchange Net Worth was the net asset value of Corona as at 31 st July 2006 as shown ... the House of Lords in Smith New Court Securities Ltd v Citibank N.A [1997] AC 254 , in particular ......
  • 4 Eng Ltd v Harper and Another
    • United Kingdom
    • Chancery Division
    • 29 April 2008
    ...time Excel was insolvent. 52 The leading case on the time at which it is appropriate to value a loss caused by deceit is Smith New Court Securities v Scrimgeour Vickers [1997] AC 254. At page 266 Lord Browne-Wilkinson referred to Bingham J's dictum in County Personnel (Employment Agency) Lt......
  • Pankhania v Hackney London Borough Council
    • United Kingdom
    • Chancery Division
    • 23 January 2004
    ...... [2004] EWHC 323 (Ch) IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION Before: ... in the Defendants' favour in respect of another alleged representation concerning the likelihood ... criticism (see, for example, Lord Steyn in Smith New Court infra at pages 283A-C), and Mr ... a contract is Smith New Court Securities Limited v. Citibank N.A . [1997] A.C. 254 , ... assessed by reference to the value of the asset acquired at the transaction date (Lord ......
  • Parabola Investments Ltd and another v Browallia Cal Ltd and Others
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 22 May 2009
    ...date for assessment of the loss is the date on which he could extricate himself from the transaction: Smith New Court Securities Ltd v Scrimgeour Vickers (Asset Management) Ltd [1997] AC 254. I could follow the defendants' submission if on 6 January 2006 4 Eng recovered substantial funds wh......
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