Causation and Damages in Contractual Disputes - Lessons from a Formula One Team, an International Law Firm and a Shipping Dispute


When deciding whether to bring a claim against another party, it is important to consider both causation and damages. Causation is the process of proving that the other party caused your loss. Damages are the losses suffered.

At what first appears to be a straightforward exercise is actually riddled with technical legal principles. During 2010 there were a number of cases concerning causation and damages. Some of these cases applied new, and at times contested, principles of law whilst others continued the more established precedents.

It is now opportune to consider three of the reported cases of 2010 which deal with causation and contractual damages. The cases to be considered are:

1 Supershield Ltd v Siemens Building Technologies FE Ltd [2010] EWCA Civ 7

2 Omak Maritime Ltd v Mamola Challenger Shipping Co. [2010] EWHC 2026 (Comm)

3 Giedo Van der Garde BV v Force India Formula One Team Ltd [2010] EWHC 2373

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Joe Edwards | Attorney Advertising

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