||All England Reporter
|| All ER (D) 438 (Nov)
|| EWHC 2784 (Comm)
||Queen's Bench Division, Commercial Court
David Steel J
||Duncan Matthews QC (instructed by Holmes Hardingham) for the claimant
||David Lewis (instructed by Middleton Potts) for the defendant.
||28 November 2007
Contract - Breach of contract - Sale of goods - Sale on Federation of Oils, Seeds, and Fats Associations Form 22 - Buyer failing to make second deposit - Seller appropriating goods to separate contract - Second contract at higher price than contract with buyers - Whether seller sustaining loss - Whether arbitral tribunal making necessary findings - Whether case should be remitted to tribunal - .
A Federation of Oils, Seeds, and Fats Associations (FOSFA) appeal tribunal had failed to make the key ruling in a dispute between the parties as to whether the seller had suffered any loss due to the buyer's breach of contract. The case would therefore be remitted to the tribunal.
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