South Australian Asset Management Corporation v York Montague Ltd ; United Bank of Kuwait Plc v Prudential Property Services Ltd ; Nykredit Mortgage Bank Plc v Edward Erdman Group Ltd (Formerly Edward Erdman an Unlimited Company)

JurisdictionUK Non-devolved
JudgeLord Goff of Chieveley,Lord Jauncey of Tullichettle,Lord Slynn of Hadley,Lord Nicholls of Birkenhead,Lord Hoffmann
Judgment Date20 June 1996
Judgment citation (vLex)[1996] UKHL J0620-4
Date20 June 1996
CourtHouse of Lords
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577 cases
  • Zaki and Others v Credit Suisse (UK) Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 1 February 2013
    ...However, the jurisprudence regarding scope of duty led by South Australia Asset Management Corporation v. York Montague Ltd [1997] AC 191 (SAAMCO), Nykredit Mortgage Bank plc v. Edward Erdman Group Ltd (No 2) [1997] 1 WLR 1627 (HL) and Aneco Reinsurance Underwriting Ltd v. Johnson & Higgins......
  • Aneco Reinsurance Underwriting Ltd ((in Liquidation)) v Johnson & Higgins Ltd
    • United Kingdom
    • House of Lords
    • 18 October 2001
    ...Lord Steyn that the scope of the duty in this case is not the same as in South Australia Asset Management Corporation v York Montague Ltd [1997] AC 191. It is to use Lord Steyn's phrase on the other "side of the line drawn in SAAMCO . 3 I agree with Lord Lloyd and Lord Steyn that there is ......
  • Edward Astle & Others v CBRE Ltd
    • United Kingdom
    • Chancery Division
    • 5 November 2015
    ...scope of their duty is a reference to the principle established in South Australian Asset Management Corporation v York Montague Limited [1997] AC 191 (" SAAMCo"), which relates the quantum of recoverable loss against a negligent information-provider to the scope of the duty to which he is ......
  • BTI 2014 LLC v Pricewaterhousecoopers LLP
    • United Kingdom
    • Chancery Division
    • 15 November 2019
    ...were made before the landmark decision of the House of Lords in South Australian Asset Management Corporation v York Montague Ltd [1997] A.C. 191 (“SAAMCO”), which mandates a different approach to the assessment of the scope of a professional's duty of care and whether the loss suffered is ......
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44 firm's commentaries
  • Francesca O'Neill Successful In Professional Negligence Trial
    • United Kingdom
    • Mondaq UK
    • 16 March 2022
    ...scope of duty examined at trial: some thoughts Harry v Curtis Law LLP ("CWC") HHJ Mitchell Since SAAMCO, and latterly MBS v Grant Thornton [2021] UKSC 20, lawyers generally think that they understand how arguments on the scope of duty for professionals should run. The law is constantly deve......
  • Francesca O'Neill Successful In Professional Negligence Trial
    • United Kingdom
    • Mondaq UK
    • 16 March 2022
    ...scope of duty examined at trial: some thoughts Harry v Curtis Law LLP ("CWC") HHJ Mitchell Since SAAMCO, and latterly MBS v Grant Thornton [2021] UKSC 20, lawyers generally think that they understand how arguments on the scope of duty for professionals should run. The law is constantly deve......
  • Caught In The Crossfire?
    • United Kingdom
    • Mondaq United Kingdom
    • 20 April 2011
    ...of the restitutionary claim the bank has against the counterparty? Rix LJ's judgment Rix LJ considered the principles of Liverpool, SAAMCo and Nykredit at length. He held that in this case the question was what the scope of Wikborg Rein's duty had been. In SAAMCo a distinction was drawn bet......
  • UK Insurance And Reinsurance Disputes Annual Review 2021
    • United Kingdom
    • Mondaq UK
    • 7 February 2022
    ...of fair presentation under the Insurance Act 2015. Professional liability was also in focus this year with the Supreme Court revisiting the SAAMCO principle and the courts looking closely at an insurance broker's duties at Outside the insurance world, 2021 was a big year for developments re......
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23 books & journal articles
  • CONTRACT LAW IN COMMONWEALTH COUNTRIES: UNIFORMITY OR DIVERGENCE?
    • Singapore
    • Singapore Academy of Law Journal No. 2019, December 2019
    • 1 December 2019
    ...in Comparative Remedies for Breach of Contract (Nili Cohen & Ewan McKendrick gen eds) (Oxford: Hart Publishing, 2004) at p 249. 58 [1997] AC 191. 59 Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd [1997] AC 191 at 212. 60 See Richard Hooley, “Implied Terms after Belize Telecom” (2......
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill How Judges Decide Cases: Reading, Writing and Analysing Judgments. 2nd Edition Contents
    • 29 August 2018
    ...Property Services Ltd; Nykredit Mortgage Bank Ltd v Edward Erdman Group Ltd; Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd [1997] AC 191, [1996] 3 WLR 87, [1996] 3 All ER 365, HL 57, 142, 173 Staveley Iron & Chemical Co Ltd v Jones [1956] AC 627, [1956] 2 WLR 479, [1956] 1 All E......
  • The Use of Language in Judgments
    • United Kingdom
    • Wildy Simmonds & Hill How Judges Decide Cases: Reading, Writing and Analysing Judgments. 2nd Edition Contents
    • 29 August 2018
    ...consequence of mountaineering but has nothing to do with his knee. 63 South Australian Asset Management Corporation v York Montague Ltd [1997] AC 191 at 213 (on appeal from Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd [1996] 3 WLR 87). On the Court of Appeal’s principle, the do......
  • Analysing Judgments: Reasoning, Argument and Legal Logic
    • United Kingdom
    • Wildy Simmonds & Hill How Judges Decide Cases: Reading, Writing and Analysing Judgments. 2nd Edition Contents
    • 29 August 2018
    ...to facts 44 Dunlop Pneumatic Tyre Co v Selfridge [1915] AC 847 HL. 45 South Australian Asset Management Corporation v York Montague Ltd [1997] AC 191 at 213 (on appeal from Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd [1996] 3 WLR 87). 46 Sutradhar v National Environmental Rese......
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