Taberna Europe CDO II Plc v Selskabet (formerly known as Roskilde Bank A/S) (in bankruptcy)
| Jurisdiction | England & Wales |
| Judge | Lord Justice Moore-Bick,Lord Justice Tomlinson,Lord Justice Simon |
| Judgment Date | 08 December 2016 |
| Neutral Citation | [2016] EWCA Civ 1262 |
| Court | Court of Appeal (Civil Division) |
| Date | 08 December 2016 |
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4 cases
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Natixis S.A. v Marex Financial
...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......
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Banca Intesa Sanpaolo SPA v Comune Di Venezia
...which was the cause of the Banks' decision to enter into hedging arrangements (cf Taberna Europe CDO II plc v Selskabet AF1 [2016] EWCA Civ 1262, [44]–[47]). ii) On the basis of the law as it was reasonably understood at the time of transacting (including by the Banks and, it is reasonable......
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First Tower Trustees Ltd v CDS (Superstores International) Ltd
...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 ......
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Maeda Kensetsu Kogyo Kabushiki Kaisha Also Known As Maeda Corporation And Another v Bauer Hong Kong Ltd
...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
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Ruling On Issuer Liability In Secondary Market
...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......
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Disclaimers: paper shield or your best protection?
...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......
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Disclaimers: Paper Shield Or Your Best Protection?
...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......
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2017 Summer review: M&A legal and market developments
...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 “consequenti......
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