Mischa Balen analyses the recent Court of Appeal decision in Wellesley Partners LLP v Withers LLP  EWCA Civ 1146 which establishes that, in cases of concurrent liability in contract and tort, the contractual rather than tortious rules of remoteness will govern the claimant’s recovery of damages.
Mischa Balen appeared as counsel for the claimant at first instance and in the Court of Appeal. He was led by Fiona Parkin QC.
This article first appeared in Lloyd’s Maritime and Commercial Law Quarterly,  LMCLQ 186.
The full article can be accessed at http://www.i-law.com.