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England and Wales decisions
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McLaren Indy & Anor v Alpa Racing USA LLC & Ors [2026] EWHC 110 (Comm) (23 January 2026)
Commercial Court quantum trial on admitted breaches of elite motorsport agreements, addressing causation, remoteness, mitigation and damages.
The Court of Appeal held that owners could recover substantial damages for late redelivery of time-chartered vessels, measured by market rate over the overrun period.
High Court patent account-of-profits judgment arising from Lufthansa’s in-seat power patent infringement claim against Astronics, Safran and Panasonic.
The breaches of duty by Dechert, Gerrard, and the SFO were concurrent and cumulative causes of ENRC's unnecessary legal and third-party costs and wasted management time. The SFO's breaches were an effective cause of the losses and the opening of the criminal investigation. The losses were not too remote and were reasonably foreseeable. ENRC did not fail to mitigate its losses. Liability for damages is apportioned 75% to Dechert/Gerrard and 25% to the SFO for unnecessary costs and wasted management time; Dechert/Gerrard are 100% liable for unnecessary work. Exemplary damages are not awarded ag…
Source excerpt
The Court of Appeal dismissed an appeal in a patent damages inquiry, holding that overseas sales could be recoverable only if legally caused by UK infringement, but the judge was entitled to find causation lacking.
Anan Kasei Co Limited & Anor v Neo Chemicals & Oxides (Europe) Ltd & Ors [2023] EWCA Civ 11 (17 January 2023)
The Court of Appeal held that overseas patent-loss damages may be recoverable if caused by UK infringement, but dismissed Rhodia’s appeal because causation was not made out on the facts.
Anan Kasei Co Ltd & Anor v Neo Chemicals & Oxides (Europe) Ltd & Ors (Rev2) [2022] EWHC 708 (Ch) (29 March 2022)
Patent damages inquiry on whether Rhodia could recover for overseas sales caused by Neo’s UK infringement of HSA cerium oxide patent.
The Secretary of State for Health & Anor v Servier Laboratories Ltd & Ors [2022] EWHC 369 (Ch) (21 February 2022)
Preliminary issues in Servier perindopril damages claims; the court rejected the argument that health authorities should have promoted switching to cheaper ACE inhibitors.
Bdw Trading Ltd v URS Corporation Ltd & Anor [2021] EWHC 2796 (TCC) (22 October 2021)
The court held that BDW’s conventional investigation and remediation costs were within URS’s duty and recoverable in principle, but reputational losses were not.
Knights v Townsend Harrison Ltd [2021] EWHC 2563 (QB) (24 September 2021)
High Court professional negligence claims against accountants over tax-scheme introductions and an investment were dismissed for lack of duty, breach, and causation.
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