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09 July 2021 / Andrew Burnette , Ben Hubble KC
Issue: 7940 / Categories: Features , Commercial , Damages
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The end of the road for SAAMCO?

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The judgment in MBS provides practitioners with a new road map for navigating negligence claims, as Andrew Burnette & Ben Hubble QC report
  • The seminal SAAMCO principle—a key aspect of the notion that a defendant is liable only for losses which fall within the scope of the duty of care owed to the claimant—has been re-stated and re-purposed by the Supreme Court.

In his concurring judgment in Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20, [2021] All ER (D) 45 (Jun) (MBS), Lord Leggatt refers to the scope of duty principle articulated in South Australia Asset Management Corpn v York Montague Ltd [1997] AC 191, [1996] 3 All ER 365 (SAAMCO) as having ‘proved difficult to formulate as well as difficult to apply’ para [41]. Few practitioners would disagree. Twenty-five years later, following the judgments of the Supreme Court in MBS and the linked appeal of Khan v Meadows [2021] UKSC 21, [2021] All ER (D) 44

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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
Careless client checks do not automatically make a solicitor dishonest, but deliberately avoiding confirmation of suspected wrongdoing can cross the line
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
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