Arbitration Links - Linklaters
  • Author: Francesca Fraser

When, under English law, can damages be reduced for benefits obtained following a breach of contract?

20 July 2017 Francesca Fraser, England & Wales


On 28 June 2017, the UK Supreme Court handed down judgment in Globalia Business Travel SAU (formerly TravelPlan SAU) of Spain v Fulton Shipping Inc "The New Flamenco" [2017] UKSC 43 in which it unanimously allowed an appeal on a point of English law under s.69 Arbitration Act 1996 (the "Act"). The case concerned the extent to which benefits obtained by an innocent party following a breach of contract should be taken into account in assessing its damages for that breach.

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