Taberna Europe CDO II Plc v Selskabet (formerly known as Roskilde Bank A/S) (in bankruptcy)

JurisdictionEngland & Wales
CourtCourt of Appeal (Civil Division)
JudgeLord Justice Moore-Bick,Lord Justice Tomlinson,Lord Justice Simon
Judgment Date08 December 2016
Neutral Citation[2016] EWCA Civ 1262
Date08 December 2016
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4 cases
  • CNM Estates (Tolworth Tower) Ltd v Vecref I Sarl
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 22 June 2020
    ...EWCA Civ 75; [2009] 1 CLC 134; [2010] QB 27. Swiss Bank Corp v Brink's-MATLtd [1986] 2 Ll Rep 79. Taberna Europe CDOII v Selskabet AF1 [2016] EWCA Civ 1262; [2016] 2 CLC 874. Tradigrain SA v Intertek Testing Services (ITS) Canada Ltd[2007] EWCA Civ 154; [2007] 1 CLC 188. Transocean Drilling......
  • Natixis S.A. v Marex Financial
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 2 October 2019
    ...scope or invoke the contra proferentem rule (see in this regard Taberna Europe CDO II plc v Selskabet AF1 (formerly Roskilde Bank A/S) [2017] QB 633). In that case Moore-Bick LJ stated at [23]: “In the past judges have tended to invoke the contra proferentem rule as a useful means of contr......
  • First Tower Trustees Ltd v CDS (Superstores International) Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 19 June 2018
    ...the damages thus recoverable are limited to the loss caused by entry into the contract: Taberna Europe CDO II plc v Selskabet AF1 [2016] EWCA Civ 1262, [2017] QB 633 at [47]. If CDS had been told immediately before entry into the agreement for lease that there was asbestos in Bay 4 and in ......
  • Maeda Kensetsu Kogyo Kabushiki Kaisha Also Known As Maeda Corporation And Another v Bauer Hong Kong Ltd
    • Hong Kong
    • Court of Appeal (Hong Kong)
    • 16 October 2020
    ...distributing risk and there should be no pre-determined mindset to cut them down.”[37] 55. In Taberna Europe CDO II plc v Selskabet AF 1 [2017] QB 633 at §23, Moore-Bick LJ again stated that the modern view “is to recognise that commercial parties … are entitled to make their own bargains a......
7 firm's commentaries
  • Ruling On Issuer Liability In Secondary Market
    • United Kingdom
    • Mondaq UK
    • 15 February 2017
    ...Europe CDO II Plc v Selskabet (formerly Roskilde Bank A/S) (In Bankruptcy) [2016] EWCA Civ 1262 In December 2016, the Court of Appeal handed down its first ruling on the question of whether a claim under the Misrepresentation Act 1967 against an issuer is available to secondary market purch......
  • Disclaimers: paper shield or your best protection?
    • United Kingdom
    • LexBlog United Kingdom
    • 27 March 2017
    ...Act 1967 (the “1967 Act”) in the case of Taberna Europe CDO II Plc v Selskabet (formerly Roskilde Bank A/S) (In bankruptcy) [2016] EWCA Civ 1262. The Court found that primary and secondary investors could potentially be entitled to rely on online content, such as product presentations, whic......
  • Disclaimers: Paper Shield Or Your Best Protection?
    • United Kingdom
    • Mondaq UK
    • 28 March 2017
    ...Act 1967 (the "1967 Act") in the case of Taberna Europe CDO II Plc v Selskabet (formerly Roskilde Bank A/S) (In bankruptcy) [2016] EWCA Civ 1262. The Court found that primary and secondary investors could potentially be entitled to rely on online content, such as product presentat......
  • 2017 Summer review: M&A legal and market developments
    • United Kingdom
    • JD Supra United Kingdom
    • 29 July 2017
    ...By contrast, the relevant contract here was with D but the alleged misrepresentation was by R. (Taberna Europe CDO II PLC v Selskabet [2016] EWCA Civ 1262) 4 White & Consequential loss: wide interpretation on construction of agreement The High Court recently gave the expression “consequ......
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