[2025] EWCA Civ 998

A question arises whether we can or should do anything about the Remittal Award. In my view it is clear that this award cannot stand to the extent that it confirms an award in favour of Diag SE. But that does not necessarily mean that the tribunal was wrong to say that the damages did not need to be reduced as a result of the assignment to Mr Orsula.

I would leave these matters to be determined by the Commercial Court on CZR’s challenge to the Remittal Award.

I would make an order in the terms of the Annex to this judgment.

I agree.

I agree.