CL-2022-000676 - [2025] EWHC 2486 (Comm)

Did DHSC validly reject the gowns? If it did, DHSC says that by one route or another it is entitled to recover the price it paid, and no question of assessing loss (or mitigation) arises;

If DHSC did not validly reject the gowns, so that it is entitled only to damages for loss, what is that loss? At that point it becomes necessary to consider issues of mitigation and whether the gowns, although not contractually compliant, had a value to DHSC for which allowance should be made;

In either case, what additional loss is DHSC entitled to recover? In that respect, DHSC claims in relation to the costs of storing and disposing of the gowns;