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Finance litigation briefing — May 2014: credit agreement conditional upon survival of supply agreement
In Durkin v DSG Retail Ltd, Durkin entered into a debtor-creditor-supplier agreement to fund the purchase of a computer.
The Royal Court in Jersey has ruled that a private trust company seeking to bring claims for breach of trust could not benefit from empêchement d’agir.
For a duty of care to be established in a personal injury claim, foreseeability of harm on its own is not enough; proximity between the parties is also required.