The ‘Mondadori’ ruling and Supreme Court’s renewed interest in concept of loss of chance
The judgment of the Court of Cassation of 17 September (no. 21255/2013, passed by the third division of the court) — which brought an end to the Mondadori affair — offers an opportunity for some reflections on the issue of damage due to loss of chance. As is known, the damage in question originated with the judgment of the Court of Appeal of Rome, which ruled that the arbitration award issued in the dispute between the Formenton family and Cir was null and void.
Once the reporting judge who gave the ruling against it had been found guilty of corruption, Cir appealed to the Court of Milan to claim damages for economic and non-economic loss suffered as a consequence of the judgment resulting from corruption.
The legal aspects of the affair can clearly be seen in the first-instance judgment of the Court of Milan in 2009, which established that compensation should be paid for ‘economic damage due to loss of chance resulting from an impartial judgment’…
If you are registered and logged in to the site, click on the link below to read the rest of the NCTM briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from NCTM
News from The Lawyer
Briefings from NCTM
This paper looks at the construction of normal value in World Trade Organisation anti-dumping law in relation to market economies.
Public or government procurement in CETA, the economic and trade agreement between Canada and the EU
The Comprehensive Trade and Economic Agreement provides a range of measures to make doing business between Canada and the EU easier.
Analysis from The Lawyer
Being sent to London on secondment is a prized opportunity for associates in European firms