Roth J explained Henderson L’s observation in Gresport as meaning that: ‘ . . the concept of reasonable diligence is to be applied on the assumption that the claimant is on notice of the need to investigate’.
Judges:
Roth J
Citations:
[2019] CAT 5
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Gresport Finance Ltd v Battaglia CA 23-Mar-2018
Henderson LJ referred to the judgment of Neuberger LJ in Sephton in which he discussed the need for there to be an assumption that the claimant desires to know that there has been a fraud. Henderson LJ observed: ‘Another way to make the same point . . .
Cited by:
See Also – DSG Retail Ltd and Another v Mastercard Incorporated and Others CAT 9-Apr-2019
. .
Cited – Boyse (International) Ltd v Natwest Markets Plc and Another ChD 27-May-2020
Claim alleging misselling of interest rate hedging products. The court considered the defendants strike out application, and applications for leave to amend pleadings.
Held: it will normally be appropriate for summary judgment to be pursued on . .
Lists of cited by and citing cases may be incomplete.
Commercial, Limitation, Torts – Other
Updated: 27 November 2022; Ref: scu.636201
