“… be valid, subject to the usual rules of causation, mitigation and remoteness. It appears that such claims are regularly made. BritNed Development Ltd v ABB AB [2018] EWHC 2616 (Ch), [2019] Bus LR 718 at [543] to [549] is an example, although in that case the claim failed because the loss was suffered, not by the claimant, but by its share…”
“…taken from the Competition Appeal Tribunal decision in Royal Mail Group Ltd v DAF Trucks Ltd [2020] CAT 7, [2020] Bus LR 1795 (see also Britned Development Ltd [2018] EWHC 2616 (Ch) at [67], describing “a recital constituting part of the essential basis for a decision” as binding on the English court).…”
“…Mr Harris drew our attention to the remarks of Marcus Smith J in BritNed Development Ltd v ABB AB [2018] EWHC 2616 (Ch) (‘BritNed’). The judge there addressed the question of whether recitals in a decision are binding and stated that a recital not constituting part of the essent…”