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Rectification, intimidation and justification in commercial fraud (GDS v NCR)

Rectification, intimidation and justification in commercial fraud (GDS v NCR)
Published on: 07 May 2021
Published by: LexisPSL
  • Rectification, intimidation and justification in commercial fraud (GDS v NCR)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Rectification
  • Intimidation
  • Justification
  • Case details

Article summary

Dispute Resolution analysis: This Commercial Court decision, handed down on 29 April 2019, provides important guidance on—proof of rectification and the requirements of unilateral mistake rectification; whether intimidation requires a threat, or whether coercive conduct alone suffices; and the availability of justification as a defence to claims in conspiracy. The case is also notable on the facts, including due to the calculated nature of the wrongdoing on the part of the defendants (NCR), which led to an exemplary damages award of £125,000. Written by David Lascelles of Littleton Chambers, junior counsel for the claimants. David was led at trial by Stuart Ritchie QC of Fountain Court and instructed by Michael Frisby and Mike Stocks at Stevens & Bolton LLP. or take a trial to read the full analysis.

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