On 14 March, an article from Herbert Smith Freehills LLP was concerned with recent Court of Appeal decision which highlights the principles a court will apply when deciding whether a benefit received by a victim of fraud reduces its recoverable loss. The Court decided that the claimant’s damages for an unlawful means conspiracy could be reduced to reflect any benefit it had obtained by negotiating a settlement limiting its onward liability to a third party – although on the facts no such benefit had been obtained.
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