The defendants had invested money through the claimants, but had suffered severe losses. The claimants sought a declaration that they had no liability for such losses. The defendants counterclaimed that the claimants were liable in negligence, breach of statutory duty and breach of contract. The claimants now sought an order to strike out some elements of the defence and counterclaim.
Judges:
Gloster J
Citations:
[2005] EWHC 383 (Comm)
Links:
Citing:
Cited – O’Brien v Chief Constable of the South Wales Police CA 23-Jul-2003
The claimant sought damages for malicious prosecution, and sought to adduce similar fact evidence. The defendant appealed an order admitting the evidence.
Held: Comparisons between admission of similar fact evidence in civil and criminal . .
Cited – Thorpe v Chief Constable of Greater Manchester Police CA 1989
The plaintiff was arrested at a demonstration, charged with obstructing the highway and convicted before the magistrates. His conviction was quashed by the Crown Court on appeal. He sued for assault, unlawful arrest, false imprisonment and malicious . .
Cited by:
Appeal from – JP Morgan Chase Bank and others v Springwell Navigation Corporation CA 20-Dec-2005
The defendants appealed against an order striking out four paragraphs of its defence and counterclaim. . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation CA 2-Mar-2006
The parties disputed the attempt to strike out part of the defendant’s claim relating to shipping losses. . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation ComC 3-Nov-2006
. .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation Comc 27-May-2008
The company alleged negligence by its financial advisers.
Held: Gloster J said that the absence of a written advisory agreement is a strong pointer against the existence of a free-standing duty of care to give investment advice.
Gloster . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation and others ComC 25-Jul-2008
. .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corp ComC 21-Nov-2008
. .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corp ComC 20-Feb-2009
The court heard an application for leave to appeal against orders. . .
See Also – Springwell Navigation Corporation v JP Morgan Chase Bank and Others CA 1-Nov-2010
The court was asked as to whether representations has been made.
Held: Aikens LJ referred to a provision stating ‘no representation or warranty, express or implied, is or will be made . . in or in relation to such documents or information’, . .
Lists of cited by and citing cases may be incomplete.
Financial Services, Negligence, Torts – Other, Contract, Evidence
Updated: 29 June 2022; Ref: scu.223587
