Uzinterimpex JSC v Standard Bank Plc
| Jurisdiction | England & Wales |
| Judge | Sir Anthony Clarke MR,Laws,Moore-Bick L JJ. |
| Judgment Date | 15 July 2008 |
| Neutral Citation | [2008] EWCA Civ 819 |
| Court | Court of Appeal (Civil Division) |
| Date | 15 July 2008 |
Court of Appeal
Before Sir Anthony Clarke, Master of the Rolls, Lord Justice Laws and and Lord Justice Moore-Bick
Uzinterimpex JSC
and
Standard Bank plc
Failure to mitigate is new intervening cause
In a claim in conversion for wrongful interference with goods, the claimant's failure to mitigate the loss was a new intervening cause, breaking the link between the original wrongdoing and and the continuing loss, which released the wrongdoer from liability for subsequent loss after that failure.
The Court of Appeal so held, dismissing the appeal of the claimant seller, Uzinterimpex JSC, against Mr Justice David SteelUNK ((2007) 2 Lloyd's Rep 187) who gave judgment for Uzinterimpex against the defendant, Standard Bank plc, and awarded damages of US$916,267.36 for conversion only up to the date when the seller failed to mitigate its loss.
Mr Jeffrey Gruder, QC and Ms Philippa Hopkins for Uzinterimpex; Mr Stephen Phillips, QC and Mr Michael Lazarus for the bank.
LORD JUSTICE MOORE -BICK said that the claim arose out of a contract for the sale of cotton by Uzinterimpex, an Uzbek state company, to an English cotton trader, A. Meredith Jones...
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17 cases
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Dion Moss v Superintendent Reginald Grant and The Attorney General
...[2002] 2 AC 122 — Workers Savings and Loan Bank and others v. Shields Jamaica Supreme Court Civil Appeal 113/1998 — Uzinterimpex JSC v. Standard Bank plc [2008] EWCA Civ 819 — George Finn v. Attorney General (1981) 18 JLR 120. Morrison P 1 The lamentable facts of this case have been fully ......
- Mahmoud Haji Haider Abdullah and Others v Credit Suisse (UK) Ltd and Another
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Wuhan Guoyu Logistics Group Company Ltd Anor v Emporiki Bank of Greece SA
...have a remedy. The guarantor has simply done, or is being required to do, that which it has promised to do. Thus in Uzinterimpex JSC v Standard Bank plc [2008] EWCA Civ 819 this court rejected the argument that a performance bond might contain an implied term pursuant to which the beneficia......
- LNE Network Systems (Asia) Sdn Bhd v Loi Chew Ping
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1 firm's commentaries
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Bonds And Guarantees: An Update
...Advance Payment Guarantee – Repayment of Excess 4.1 The Court of Appeal considered in the case of Uzinterimpex JSC v Standard Bank Plc [2008] EWCA Civ 819, whether a term should be implied into an advance payment guarantee to repay any excess if the amount paid under the bond turned out to ......
3 books & journal articles
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Security for performance
...Clarke J; Spiersbridge Property Developments Ltd v Muir Construction Ltd [2008] CSOh 44; Uzinterimpex JSC v Standard Bank plc [2008] EWCa Civ 819 at [20], per Moore-Bick LJ; EGL Management Services Pty Ltd v Northern SEQ Distributor-Retailer Authority [2011] NSWSC 1234; J Murphy & Sons Ltd ......
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CONTRACT DAMAGES AND THE PROMISEE'S ROLE IN ITS OWN LOSS.
...v Bland Welch & Co Ltd [No 2] [1990] 2 Lloyd's Rep 431, 461, 462 (Phillips J) ('Youell'); Uzinterimpex JSC v Standard Bank plc [2008] 2 Lloyd's Rep 456, 471 [56] (Moore-Bick LJ, Laws LJ agreeing at 474 [71], Clarke MR agreeing at 474 [72]) (11) (1986) 161 CLR 653 ('Burns'). (12) Ibid 67......
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What is unjust about theft?
...MA Jones, A Dugdale & M Simpson (eds) Clerk and Lindsell on Torts 22 ed (2017) 17-02 to 17-03.8 Uzinter impex JSC v Standard Bank plc [2008] EWCA Civ 819, [2008] Lloyd’s Rep 456 para 58.9 Lloyds Bank Ltd v The Chartered Bank of India, Australia & China [1929] 1 KB 40 at 55–6 (Scrutton LJ).1......