04 December 2015
Wellesley Partners LLP v Withers LLP [2015] EWCA Civ 1146, [2015] All ER (D) 146 (Nov)
The Court of Appeal held that, with respect to remoteness, where contractual and tortious duties to take care in carrying out instructions existed side by side, the test for recoverability of damage for economic loss should be the same and should be the contractual one. Although the judge had applied the tortious test for remoteness, the same damages were recoverable applying the test for remoteness in contract.
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