Source: All England Reporter
Publisher Citation: [2007] All ER (D) 438 (Nov)
Neutral Citation: [2007] EWHC 2784 (Comm)
Court: Queen's Bench Division, Commercial Court
Judge:

David Steel J
Representation Duncan Matthews QC (instructed by Holmes Hardingham) for the claimant
  David Lewis (instructed by Middleton Potts) for the defendant.
Judgment Dates: 28 November 2007

Catchwords

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 - .

The Case

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.

Practice Areas

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