Leche Pascual SA v Collin & Hobson Plc [2004] EWCA Civ 700 (15 June 2004)

Leche Pascual SA v Collin & Hobson Plc [2004] EWCA Civ 700 (15 June 2004)

The trial judge was entitled to assess loss of profits based on a commercial estimate of achievable sales, supported by expert evidence, and to apply a 25% discount for risk and uncertainty. The approach was reasonable and adequately reasoned, and there was no basis for appellate interference.

Citation
[2004] EWCA Civ 700
Parties
Claimant Appellant: Leche Pascual SA; Defendant Respondent: Collin & Hobson PLC
Jurisdiction
England and Wales
Judgment Date
15 June 2004
Procedural Posture
Civil Appeal / Appeal From High Court (mercantile Court, Queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Breach of Contract, Assessment of Damages, Loss of Profits, Foreseeability of Loss
Contract Law Commercial Law Breach of Contract Assessment of Damages Loss of Profits Foreseeability of Loss

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Parties

Leche Pascual SA

Claimant Appellant

Collin & Hobson PLC

Defendant Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (mercantile Court, Queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Proper basis for assessment of loss of profits following breach of supply contract
  2. 2 Appropriate discount for risk and uncertainty in estimating lost sales

Ratio Decidendi

The trial judge was entitled to assess loss of profits based on a commercial estimate of achievable sales, supported by expert evidence, and to apply a 25% discount for risk and uncertainty. The approach was reasonable and adequately reasoned, and there was no basis for appellate interference.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; judgment for Collin & Hobson PLC for agreed losses of £724,353.00 plus interest.