A claim advanced depended on the defendant having owed a duty to provide information. Toulson J said: ‘[The claimant] relies on the publication of the SIM [i.e. a Syndicate Information Memorandum] to give rise to the alleged duty of care. The relevant paragraphs of the SIM are not in my view to be characterised in substance as a notice excluding or restricting a liability for negligence, but more fundamentally as going to the issue whether there was a relationship between the parties (amounting to or equivalent to that of professional adviser and advisee) such as to make it just and reasonable to impose the alleged duty of care’.
Toulson J
[2006] EWHC 2887 (Comm), [2007] 1 Lloyds Rep 264
Bailii
England and Wales
Cited by:
Appeal from – IFE Fund Sa v Goldman Sachs International CA 31-Jul-2007
. .
Cited – Avrora Fine Arts Investment Ltd v Christie, Manson and Woods Ltd ChD 27-Jul-2012
The claimants had bought a painting (Odalisque) through the defendant auctioneers. They now claimed that it had been misattributed to Kustodiev, and claimed in negligence and misrepresentation.
Held: Based on the connoisseurship evidence, the . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 August 2021; Ref: scu.246732
