| 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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