ENRC v Dechert, Mr Gerrard, and the SFO (the “Phase 1A Judgment”)
Judgment in the Phase 1A Trial, heard over two weeks in March 2023, was handed down on 22 December 2023 and addressed certain issues of causation, loss, and contribution following the Phase 1 Trial and Phase 1 Judgment on liability  EWHC 1138 (Comm).
The Phase 1A Judgment held (among other matters) that ENRC is entitled to significantly more by way of damages than Dechert and the SFO had contended, though not as much as ENRC had sought; that the SFO’s wrongdoing was an effective cause of the losses claimed by ENRC in respect of unnecessary work, unnecessary costs, and wasted management time; and but for the SFO’s wrongdoing, the SFO would not have commenced the criminal investigation into ENRC. On the contribution issues, in respect of unnecessary work, Dechert and Mr Gerrard are each liable for 100% and must indemnify the SFO accordingly; and in respect of liability for unnecessary costs and wasted management time, Dechert and Mr Gerrard are liable on a joint and several basis to contribute 75% and the SFO are liable to contribute 25%.
A copy of the judgment can be found at the link below.
Anna Boase KC appeared on behalf of ENRC (with Clare Montgomery KC, Nathan Pillow KC, Freddie Popplewell and Jack Rivett), instructed by Michael Roberts of Hogan Lovells International LLP.
Simon Colton KC and Joyce Arnold appeared on behalf of the SFO (with James Segan KC, Rachel Scott, Tom Richards KC, George Molyneaux and Tom Lowenthal), instructed by Thomas Whitfield at Eversheds Sutherland (International) LLP.View Judgment