PFE International Ltd v Material Auxiliare L'Informatique [2001] EWCA Civ 1532 (11 October 2001)

PFE International Ltd v Material Auxiliare L'Informatique [2001] EWCA Civ 1532 (11 October 2001)

The judge was entitled to use the standard costs for 1997 as provided by the claimants and to disregard the current costs and additional overtime claims, given the lack of contrary evidence from the defendants and the judge's findings on the evidence's reliability.

Citation
[2001] EWCA Civ 1532
Parties
Claimant/respondent: PFE International Limited; Defendant/applicant: Material Auxiliare I'Informatique
Jurisdiction
England and Wales
Judgment Date
11 October 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Assessment of Damages, Loss of Profit, Available Market, Calculation of Costs, Overtime in Damages
Contract Law Assessment of Damages Loss of Profit Available Market Calculation of Costs Overtime in Damages

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Parties

PFE International Limited

Claimant/respondent

Material Auxiliare I'Informatique

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in assessing damages by using standard costs rather than current costs
  2. 2 Whether the judge should have added a notional figure for overtime in the damages calculation

Ratio Decidendi

The judge was entitled to use the standard costs for 1997 as provided by the claimants and to disregard the current costs and additional overtime claims, given the lack of contrary evidence from the defendants and the judge's findings on the evidence's reliability.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal on calculation of damages is refused