- Cited — Andrew McCarthy v William Allan Jones & Anor. 2023-05-25
“…cisions of the Supreme Court in Swynson v Lowick Rose llp [2017] UKSC 32, [2018] AC 313 and Tiuta International Ltd v De Villiers Surveyors Ltd [2017] UKSC 77, [2017] 1 WLR 4627, although we were not taken to those cases in any detail. But the issue in those cases was whether a benefit received by a claimant arising out of the loss for…”
- Applied — E D & F Man Capital Markets Limited v Come Harvest Holdings Limited & Ors. 2022-12-21
“…d Sumption in Swynson Ltd v Lowick Rose LLP [2017] UKSC 32, [2018] AC 313 and reiterated in Tiuta International Ltd v De Villiers Surveyors Ltd [2017] UKSC 77, [2017] 1 WLR 4627 apply, with the consequence that the benefits received from ANZ (i.e. the US $291 million paid by ANZ to MCM) do not arise independently of the circumstances g…”
- Cited — Assetco Plc v Grant Thornton UK LLP 2020-08-28
“…e Supreme Court, Swynson Ltd v Lowick Rose LLP [2017] UKSC 32, [2018] AC 313 (Swynson) and Tiuta International Ltd v De Villiers Surveyors Ltd [2017] 1 WLR 77, [2017] 1 WLR 4627 (Tiuta). The judge treated those cases as concerning avoided loss, where the credit is disregarded only if it is collateral, whereas the present case, like The…”
- Cited — Britned Development Ltd v ABB AB And ABB Ltd 2019-10-31
“… way of further support, Mr O’Donoghue relied upon a passage in Lord Sumption’s judgment in Tiuta International Ltd v De Villiers Surveyors Ltd [2017] UKSC 77, [2017] 1 WLR 4627, at [12] where the categories of benefit which may be treated as collateral were, to some extent, left open:…”