CA-2024-001949 & CA-2024-001935 - [2025] EWCA Civ 1212
Fecha: 02-Oct-2025
Heading

ON APPEAL FROM THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
Nicholas Thompsell (sitting as a Deputy High Court Judge)
Royal Courts of Justice
Strand, London, WC2A 2LL
Before:
LORD JUSTICE MALES
LORD JUSTICE PHILLIPS
and
LORD JUSTICE SNOWDEN
Between:
1) ADVANCED MULTI-TECHNOLOGY FOR MEDICAL INDUSTRY (trading as HITEX) 2) CARAMEL SALES LIMITED 3) DAVID POPECK | Respondents/Claimants |
- and - | |
UNISERVE LIMITED -and- MAXITRAC LIMITED -and ANDREW STEAD | Appellant/ Defendant Third Party Fourth Party |
Luke Parsons KC, David Walsh KC & Edward Mordaunt (instructed by Holman Fenwick Willan LLP) for the Appellant
David Lewis KC & Edward Knight (instructed by Trowers & Hamlins LLP) for the Respondents
Hearing dates: 22 & 23 July 2025
Approved Judgment
This judgment was handed down remotely at 10.30am on Thursday 2 October 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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- Heading
- LORD JUSTICE MALES
- The parties
- Background
- The Supply Contract
- The Commission Contract
- Performance of the contract
- Hitex’s claim
- The judgment
- The grounds of appeal
- Deciding a case on grounds not argued
- The issues on the appeal
- Was Uniserve entitled to rescind the supply contract for misrepresentation?
- Was Uniserve entitled to terminate the supply contract?
- Was Hitex entitled to damages for non-acceptance of the goods?
- Was the judge wrong to assess damages as he did?
- Conclusions