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

Fecha: 02-Oct-2025

Was the judge wrong to assess damages as he did?

Was the judge wrong to assess damages as he did?

95.

In view of my conclusion so far, the question whether the judge was wrong to assess damages as he did does not arise and, as this issue received relatively little attention at the hearing of the appeal, I prefer to say nothing about it.

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