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Building Law Monthly

REMOTENESS RECONSIDERED

In our October 2008 issue pp10-12 we considered the decision of the House of Lords in Transfield Shipping Inc v Mercator Shipping Inc [2008] UKHL 48, [2009] 1 AC 61 and its implications for the law relating to remoteness of damage in contract. We noted that the ratio of the case is not easy to identify. In Sylvia Shipping Co Ltd v Progress Bulk Carriers Ltd [2010] EWHC 542, [2010] All ER (D) 184 (Mar), Mr Justice Hamblen gave further consideration to the scope of the decision in Transfield and helpfully provided some guidance on the scope and the implications of the decision.

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