Article: Supreme Court on Lowick Rose LLP v Swynson Limited

In one of six judgments handed down on 11 April 2017, the Supreme Court (Lord Neuberger, Lord Mance, Lord Clarke, Lord Sumption, Lord Hodge) has unanimously allowed the appeal of Lowick Rose LLP from the decision of the Court of Appeal (reported at [2016] 1 WLR 1045). The Court of Appeal had previously dismissed Lowick Rose LLP’s appeal against the decision of Rose J (reported at [2014] PNLR 27) by which damages of £15M had been awarded.

In an important and wide-ranging decision the Supreme Court addressed the scope of the doctrine of collateral benefit (otherwise known as res inter alios acta) alongside the concepts of transferred loss and equitable subrogation based on unjust enrichment.

In this article the Supreme Court’s decision is considered by Ben Patten QC and Michael Bowmer of 4 New Square.


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