“…damage suffered by the appellants so as to satisfy the test of proximity, according to guidance given by this court in Chandler v Cape Plc [2012] EWCA Civ 525; [2012] 1 WLR 3111. The judge held that it was reasonably arguable for the appellants that limitation defences would fail. She also said that if, contrary to her view, there were…”
“…It is clear that parts of the threefold test and the assumption of responsibility test overlap: Chandler v Cape plc [2012] EWCA Civ 525, [2012] 1 WLR 3111, at paragraph 62 (Arden LJ). The different tests usually lead to the same answer and can be used as cross-checks on each other: Playboy Club London Ltd v Banca…”
“…the thrust of the claimants’ case against RDS, which is based on an analogy with the analysis set out by this court in Chandler v Cape Plc [2012] EWCA Civ 525; [2012] 1 WLR 3111 and succinctly elaborated by Simon LJ in Lungowe v Vedanta Resources Plc [2017] EWCA Civ 1528 at [83] (set out at para. [23] above). In essence, it is not a ca…”