ENRC against Dechert, Neil Gerrard and the SFO

On 21st December 2023, judgment was handed down in the next stage of the litigation brought by ENRC against Dechert, Neil Gerrard and the SFO.

In his first judgment (handed down on 16th May 2022), Waksman J had found Dechert and Neil Gerrard in serious breach of their duties to ENRC and (subject to proof of causation and loss) the SFO liable for the tort of inducement of breach of contract on the part of the Dechert and Mr Gerrard.

At this second trial, Waksman J dealt with a number of items of causation and loss. Amongst other findings, Waksman J held that ENRC is entitled to significantly more by way of damages than Dechert and the SFO had contended, that the SFO’s wrongdoing was an effective cause of losses claimed by ENRC and that, but for the SFO’s wrongdoing, it would not have commenced the criminal investigation into ENRC which it in fact commenced in April 2013.

Jack Rivett acted for ENRC (with Clare Montgomery KC, Nathan Pillow KC, Anna Boase KC and Freddie Popplewell) instructed by Michael Roberts of Hogan Lovells International LLP.

The press summary and judgment are available here.

Jack Rivett