- Approved — Vadim Don Benyatov v Credit Suisse (Securities) Europe Ltd 2023-02-17
“…rsted v Outred [1982] 1WLR 86 per Stephenson LJ at 94, approved by the House of Lords in Nykredit [Nykredit Mortgage Bank Plc v Edward Erdman Group Ltd (no. 2) [1997] 1 WLR 1627] per Lord Nicholls (with whom the other members of the appellate committee agreed) at 630F.…”
- Cited — Elliott v Hattens Solicitors (a firm) 2021-05-18
“…tered caused his financial position to be measurably worse than if he had not entered into it: see [Nykredit Mortgage Bank Plc v Edward Erdman Group Ltd (No 2) [1997] 1 WLR 1627], at p.1631 (Lord Nicholls). The Nykredit case was a classic example of a ‘no transaction’ case in that the claimants, who had lent money on the security of a …”
- Cited — Holt v Holley & Steer Solicitors (a firm) 2020-07-07
“…this aspect of the case was of a short passage in the speech of Lord Hoffmann in the House of Lords in Nykredit Mortgage Bank plc v Edward Erdman Group Limited [1997] 1 WLR 1627, 1639 C-D (a well-known case about damage sustained by a lender owing to a negligent valuation of property for mortgage purposes). Lord Hoffmann said:…”
- Cited — Holt v Holley & Steer Solicitors (a firm) 2020-07-07
“…tion. This is because loss must be recoverable loss if its incurring is to be relevant for accrual purposes: see per Lord Nicholls in the Nykredit (No. 2) case [1997] 1 WLR 1627, 1630F. I would however agree with the judge that damage can be incurred when a transaction is entered into even if damages fall to be assessed on the “no tran…”
- Approved — Holt v Holley & Steer Solicitors (a firm) 2020-07-07
“…udgment of Stephenson LJ in Forster v Outred & Co [1982] 1 WLR 86, 94 was approved by this House in Nykredit Mortgage Bank plc v Edward Erdman Group Ltd (No 2) [1997] 1 WLR 1627, 1630, but the House did nothing to resolve the ambiguity (551) which I have identified. There was no need to do so because the context was altogether differen…”
- Cited — Holt v Holley & Steer Solicitors (a firm) 2020-07-07
“…The Nykredit (No 2) case [1997] 1 WLR 1627 therefore decides that in a transaction in which there are benefits (covenant for repayment and security) as well as burdens (payment of the loan) and the meas…”
- Considered — Manchester Building Society v Grant Thornton UK LLP 2019-01-30
“…SAAMCO has been considered in a number of subsequent cases, including, in particular, Nykredit Mortgage Ltd v. Edward Erdman Group[1997] 1 WLR 1627, Platform Home Loans v. Oyston Shipways [2000] 2 A.C. 190, and Aneco Reinsurance Underwriting Ltd v. Johnson & Higgins Ltd [2001] UKHL 51, [2002] 1 Ll.R.157. T…”