Novitas Loans Limited v AmTrust Europe Limited

Novitas Loans Limited v AmTrust Europe Limited

Disclosure Issues 5A and 5B are relevant as they concern risk assessments and eligibility criteria, which are matters in dispute and overlap with previously agreed disclosure issues; therefore, they must be included for disclosure.

Parties
Claimant: Novitas Loans Limited; Defendant: AmTrust Europe Limited
Jurisdiction
England and Wales
Judgment Date
01 October 2025
Procedural Posture
Commercial Court Claim / Disclosure Ruling
Outcome
Disclosure Issues 5A and 5B included; disclosure ordered.
Legal Topics
Disclosure, Risk Assessment, Eligibility Criteria, Duty of Care
Commercial Law Contract Law Tort Law Disclosure Risk Assessment Eligibility Criteria Duty of Care

Case Brief

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Parties

Novitas Loans Limited

Claimant

AmTrust Europe Limited

Defendant

Procedural Posture

Commercial Court Claim / Disclosure Ruling

Legal Issues

  1. 1 Whether managerial discussions or communications regarding risk assessments and eligibility criteria are relevant for disclosure
  2. 2 Whether scheme solicitors owed contractual and tortious duties regarding risk assessment

Ratio Decidendi

Disclosure Issues 5A and 5B are relevant as they concern risk assessments and eligibility criteria, which are matters in dispute and overlap with previously agreed disclosure issues; therefore, they must be included for disclosure.

Court Disposition

Disclosure Issues 5A and 5B included; disclosure ordered.

Orders

  • Disclosure to be provided on Issues 5A and 5B as outlined.