Damages
(3)The District Judge approached the assessment of damages in the wrong way by applying the user principle. He should instead have based the assessment solely on the terms under which use of the NGRS name was licensed and in particular the post-termination fees due under those terms. (4)If, contrary to ground (3), the District Judge was entitled to assess damages on the user principle, he should not have based his assessment on figures derived from NGRS v Statham. He wrongly arrived at a figure which constituted his view of what Central Moves should have paid for the relevant hypothetical licence, as opposed to the sum it would have paid.