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03 March 2017
Issue: 7736 / Categories: Case law , Law digest , In Court
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Negligence

Singularis Holdings Ltd (in official liquidation) (a company incorporated in the Cayman Islands) v Daiwa Capital Markets Europe Ltd [2017] EWHC 257 (Ch), [2017] All ER (D) 145 (Feb)

The Financial List of the Chancery Division held that, on the facts, the defendant stock broker (Daiwa) was in breach of the duty of care that it had owed to the claimant (Singularis) in making disputed payments to third parties from the client account it had held for the benefit of Singularis, notwithstanding that those payments (in excess of $200m), had been made on the instructions of Singularis’s then owner and sole director. By making those payments without proper or any inquiry, Daiwa was liable to Singularis in negligence and for breach of contract for the sum of $203,741,900, reduced by 25% to take account of Singularis’ contributory negligence. Singularis’ claim of dishonest assistance was dismissed on the facts.

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

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HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
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