Commercial court considers date at which loss should be assessed where damages are sought

The commercial court considers the date at which loss should be assessed where damages are sought as a result of alleged negligent financial advice.

In the case of Gestmin SGPS SA v Credit Suisse (UK) Ltd & anr [2013] EWHC 3560 (Comm), 15 November 2013, the commercial court held obiter that losses resulting from alleged negligent financial advice should be assessed as at the date of the trial.

In reaching this decision, the commercial court held obiter that the general rule in contract and tort that damages should be assessed as at the date of the breach in question did not apply in this case…

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