Source: All England Reporter
Publisher Citation: [2002] All ER (D) 243 (Oct)
Neutral Citation: [2002] UKHL 37
Court: House of Lords

Lord Nicholls of Birkenhead, Lord Slynn of Hadley, Lord Hoffmann, Lord Hutton and Lord Rodger of Earlsferry

Representation 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.
Judgment Dates: 17 October 2002


Contract - Breach of contract - Performance - Purported performance.

The Case

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.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.