CA-2024-001949 & CA-2024-001935 - [2025] EWCA Civ 1212

The seller, the first claimant in the court below and respondent to the supply contract appeal, is a Jordanian manufacturer of medical supplies called Advanced Multi-Technology for Medical Industry. It trades under the name of Hitex. Early in 2020 it began to manufacture medical masks.

The buyer, the defendant in the court below, is Uniserve Ltd, an English company whose business had consisted of providing logistical support in relation to the transport of goods. It was well connected with the UK Department of Health and Social Care and, at the start of the pandemic, saw an opportunity to profit by moving into the supply of Personal Protection Equipment (‘PPE’) for the NHS. Uniserve is the appellant in the supply contract appeal and respondent in the commission appeal.

The third claimant was Mr David Popeck, a businessman who operated principally within the fashion trade, acting as a middleman buying from manufacturers or wholesalers and selling to retailers. He had no previous experience in supplying PPE, but he too was aware of the opportunity to profit caused by the soaring demand for PPE as a result of the pandemic. He was the sole shareholder and director of the second claimant, Caramel Sales Ltd, an English company. Mr Popeck and Caramel are the appellants in the commission appeal.

The third and fourth parties, Maxitrac Ltd and Mr Andrew Stead, played no part in the appeal. Maxitrac acted on behalf of Uniserve in arranging the supply contract and was later involved in the management of the contract. Mr Stead was Maxitrac’s sole director and shareholder.