“…It is clear from Maharaj [i.e. Maharaj v Johnson [2015] UKPC 28, [2015] PNLR 27]that it is not enough for a Defendant to say that the plaintiff did not receive what it was that she should have obtained. It is necessary to look to see wheth…”
“… been a better one (a “flawed transaction” case). The Privy Council referred to the distinction between the two situations in Maharaj v Johnson [2015] UKPC 28, [2015] PNLR 27 (“Maharaj”). Lord Wilson (with whom Lady Hale, Lord Carnwath and Lord Hodge agreed) said in paragraph 19:…”