Equitable Compensation (Lionel Smith, 1 Mar 1999)

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Sender:	Lionel Smith
Date:	Mon, 1 Mar 1999 11:07:38
Re:	Equitable Compensation

In today's Times, a report of a judgment of Blackburne J given on 2 Feb in a set of 12 claims (out of over 400) brought by the Nationwide BS against solicitors, seeking to shift losses cause by mortgage fraudsters: Nationwide BS v. Various Solicitors (No 3). Another crack at causation, and it seems another use of "restitutionary" to mean "compensatory." The judge rejected attempts to reduce liability for breach of fiduciary duty on the basis of contributory negligence. In another case, Nationwide BS v. Thimbleby & Co., 26 Feb, he also rejected such an argument where the claim was deceit. Both cases are available on New Law Online, the former under the name Nationwide BS v Balmer Radmore (a firm) & ors.

Lionel

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