||All England Reporter
|| All ER (D) 243 (Oct)
|| UKHL 37
||House of Lords
Lord Nicholls of Birkenhead, Lord Slynn of Hadley, Lord Hoffmann, Lord Hutton and Lord Rodger of Earlsferry
||Andrew Bartlett QC and Julian Field (instructed by Davies Arnold Cooper) for the claimants.
||William Norris QC and Andrew Phillips (instructed by Vizards Staples & Bannisters) for Biachem.
||George Leggatt QC and Anna Guggenheim (instructed by Beachcroft Wansbroughs) for Berk.
||17 October 2002
Contract - Breach of contract - Performance - Purported performance.
The House of Lords reversed the decision of the Court of Appeal that the delivery of a consignment of sodium chlorite to the claimants at their Avonmouth works constituted a breach of contract by both the first defendant (Biachem) and one or more of the second, third and fourth defendants (Berk). The answer to the appeal was that it was Berk's contract which was being performed and in those circumstances Biachem's appeal would be allowed.
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