BANCA INTESA SANPAOLO SPA & Anor v COMUNE DI VENEZIA
On objective construction, the case management orders only deferred quantification and valuation issues, not issues of causation or counterfactual conduct, which must be determined at the main trial.
- Parties
- Claimant: Banca Intesa Sanpaolo SpA; Claimant: Dexia Crediop SpA; Defendant: Comune di Venezia
- Jurisdiction
- England and Wales
- Judgment Date
- 28 June 2022
- Procedural Posture
- Commercial Court Financial Dispute / Interlocutory Judgment on Scope of Trial Issues
- Outcome
- Application granted; causation and counterfactual issues to be determined at main trial.
- Legal Topics
- Derivatives and Swaps, Capacity and Authority, Restitution, Damages, Case Management, Causation, Contributory Negligence
Case Brief
Summary, issues, holding and outcome
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Parties
Banca Intesa Sanpaolo SpA
Claimant
Dexia Crediop SpA
Claimant
Comune di Venezia
Defendant
Procedural Posture
Commercial Court Financial Dispute / Interlocutory Judgment on Scope of Trial Issues
Legal Issues
- 1 Whether issues of causation and counterfactual conduct are to be determined at the main trial or deferred to a quantum trial
- 2 Interpretation of prior case management orders regarding the scope of the main trial
Ratio Decidendi
On objective construction, the case management orders only deferred quantification and valuation issues, not issues of causation or counterfactual conduct, which must be determined at the main trial.
Court Disposition
Application granted; causation and counterfactual issues to be determined at main trial.
Orders
- Issues of causation and counterfactual conduct raised by the parties’ pleaded cases are to be resolved at this trial.
Full Case Text
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