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KMG International NV v Chen
KMG International NV v Chen [2019] EWHC 2389 (Comm)
Key Principle
The common-law rule against the recovery of reflective loss is a rule of substantive law, not of procedure, so it is not excluded from the law applicable under the Rome II Regulation; nor is it an overriding mandatory provision of English law under article 16, so it does not bar a claim governed by foreign (Dutch) law even where it would defeat the equivalent English-law claim.
Area of Law
General
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