“…that the contention that no loss was suffered (or any loss was avoided) failed for three reasons: (i) the circumstances were analogous to those in The Albazero [1977] 1 AC 774. He described the rule in that case as applying to a situation in which one person has a right of action against another, but has suffered no loss, in circumst…”
“…First, we agree with Ms Ford that the analogy which the judge drew with the rule in The Albazero [1977] 1 AC 774 at [537(1)] is a false one. The principle of transferred loss with which that case was concerned is a limited exception to the general rule that a party can re…”