- Applied — E D & F Man Capital Markets Limited v Come Harvest Holdings Limited & Ors. 2022-12-21
“…as that which applies to a claim in deceit, as established by the decision of the House of Lords in Smith New Court Securities Ltd v Citibank NA [1996] UKHL 3, [1997] AC 254 at 266H to 267D. Although the claim against Straits was for unlawful means conspiracy rather than deceit, the unlawful means in question consisted of deceiving…”
- Cited — MDW Holdings Limited v James Robert Horvill & Ors. 2022-06-28
“…Mr Ayres cited in support of his submissions Smith New Court Securities Ltd v Citibank NA [1997] AC 254 (“Smith New Court”), which, as Lord Browne-Wilkinson observed at 260, raised for the first time in the House of Lords “the question of the correct measure of d…”
- Cited — Michael Anthony Tuke v Derek Hood 2022-01-14
“…rinciples when assessing damages for deceit inducing a sale and purchase transaction, made by Lord Browne-Wilkinson in Smith New Court Ltd v Scrimgeour Vickers [1997] AC 254 at 267A-C:…”
- Explained — Glossop Cartons and Print Ltd & Ors v Contact (Print & Packaging) Ltd & Ors 2021-05-07
“…Lord Browne-Wilkinson explained at page 267A-D in Smith New Court Securities Ltd v. Citibank NA [1997] AC 254 (“Smith New Court”) the basic rules applicable where claimants, as here, have been induced by fraudulent misrepresentations to buy property:…”
- Approved — Group Seven Ltd & Anor v Notable Services LLP & Anor (Rev 2) 2019-04-11
“…udulent person to say that they could not reasonably have been foreseen” and this was approved by the House of Lords in Smith New Court Ltd vScrimgeour Vickers [1997] AC 254. However, it is one thing to say that a wrongdoer is liable for the unforeseeable consequences of that wrongdoing and another to say a wrongdoer who has commit…”