Lasytsya v Inter Export LLC [2018] EWCA Civ 2068

Hugh Jory QC acting as he did at trial on behalf of Inter Export LLC, a Ukrainian company, successfully resisted an appeal by Ms Lasytysia whose deceit involved forging SWIFT transfer documents to persuade Inter Export LLC not to prevent the loading of its sunflower oil in the Commercial Port of Berdyansk in Ukraine. As well as upholding the findings of deceit, the Court of Appeal considered the law relating to the measure of damages for continuing misrepresentations, and upheld Inter Export LLC’s submission that the damages were to be assessed when Inter Export LLC relied on them. In this case that was when it failed to take steps to prevent the removal of the sunflower oil on board the ship entitling it to the market value of the sunflower oil at that time and not the lower cost of production. The Court of Appeal also comments on the structure and manner of expression expected of judgments of the High Court.

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