Source: All England Reporter
Publisher Citation: [2004] All ER (D) 113 (Jun)
Neutral Citation: [2004] EWCA Civ 700
Court: Court of Appeal, Civil Division
Judge:

Potter, Carnwath LJJ and Bodey J

Representation Isabel Hitching (instructed by Hammonds, Birmingham) for the claimant.
  Alan Boyle QC and Gavin Hamilton (instructed by Clifford Chance) for the defendant.
Judgment Dates: 15 June 2004

Catchwords

Damages and compensation - Breach of contract - Measure of damages - Judge's assessment of claimant's loss of profits - Discount of 25% to reflect uncertainty and risk - Correctness of decision.

The Case

In calculating damages to be awarded to the claimant following the defendant's admitted breach of a contract to supply single pot yoghurts, the judge had made a careful and reasoned assessment in relation to what had been a speculative exercise, and there was no reason to interfere with her decision.

Practice Areas

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