The claimant insurers alleged the mishandling of insurance claims by the defendant of many claims leading to substantial losses. The parties asked the court to determine a basis for calculation of damages under the contract.
Held: A similar clause had been discussed in BHP, and the claims were not excluded.
Judges:
David Steel J
Citations:
[2010] EWHC 281 (Comm)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Hadley v Baxendale Exc 23-Feb-1854
Contract Damages; What follows the Breach Naturaly
The plaintiffs had sent a part of their milling machinery for repair. The defendants contracted to carry it, but delayed in breach of contract. The plaintiffs claimed damages for the earnings lost through the delay. The defendants appealed, saying . .
Discussed – BHP Petroleum Ltd and Others v British Steel Plc and Another ComC 5-Jul-1999
There was a contract for the supply of steel for a pipeline. It excluded liability for ‘loss of production, loss of profits, loss of business or any other indirect losses or consequential damages’
Held: Rix J referred to as a conundrum by the . .
Cited – Ferryways Nv v Associated British Ports ComC 14-Feb-2008
The court considered the effect of an exclusion from liability reading: ‘Exclusion and Limitations of Liability . . (c) Where the Company is in breach of its obligations in respect of the Services or under any Contract or any duties it may have as . .
Lists of cited by and citing cases may be incomplete.
Contract, Damages
Updated: 14 August 2022; Ref: scu.401648
