Claim by the claimant against the defendant for damages for alleged breach of a service agreement (‘SA’) by which the claimant agreed to provide road haulage services for a fixed period and up to a defined maximum volume and by which the defendant agreed to provide an agreed minimum volume. The claimant alleges that it was entitled to terminate the SA in accordance with its terms upon the defendant informing the claimant that it would not be able to comply with the minimum volume requirement for the or most of the final period covered by the SA, referred to in the SA as ‘Period 3’. The defendant disputes both liability and quantum. It maintains that in the events that have happened it is not liable for anything other than a sum to be calculated in accordance with some contractual machinery that it was agreed would apply where the minimum volume requirement was not met, but in any event, if it is liable to the claimant and damages are at large, it is liable for only a fraction of the sums claimed.
Judges:
His Honour Judge Pelling KC
Sitting as a Judge of the High Court
Citations:
[2022] EWHC 2239 (Comm)
Links:
Jurisdiction:
England and Wales
Contract
Updated: 04 November 2022; Ref: scu.682071